Planning for the future means more than distributing your assets, it also means preparing for the unexpected. Medical emergencies, incapacitation, and end-of-life decisions can happen at any age, and without the right legal documents in place, your loved ones may be left making difficult decisions without clear guidance.

Two of the most important estate planning tools used to prepare for such situations are the living will and the power of attorney. While both documents serve vital roles in managing your healthcare and financial affairs, they function very differently.

At Frame & Frame Attorneys at Law, we help Maryland families understand how each legal instrument works and how they can be used together to ensure your wishes are respected. In this complete guide, we explore the differences between a living will vs. power of attorney, why both are essential, and how to incorporate them into your estate plan.

What Is a Living Will?

A living will, also known in Maryland as an advance directive, is a legal document that outlines your preferences for medical treatment in case you become unable to communicate your wishes due to injury, illness, or incapacity. This document typically addresses situations such as:

• Whether you want to be kept on life support
• Use of artificial nutrition or hydration
• Pain management preferences
• End-of-life treatments, such as CPR or ventilators

A living will does not take effect until you are incapacitated and cannot communicate your own medical decisions.

What Is a Power of Attorney?

A power of attorney (POA) is a legal document that gives another person, known as your agent or attorney-in-fact, the authority to act on your behalf. Powers of attorney come in several forms, but the two most common in estate planning are:

1. Medical Power of Attorney (Healthcare Proxy)

This allows someone to make healthcare decisions for you if you’re incapacitated. It is often used in conjunction with a living will.

2. Financial Power of Attorney

This grants your agent the authority to handle financial matters, including paying bills, managing bank accounts, selling property, and filing taxes. Unlike a living will, a power of attorney can become effective immediately or upon your incapacitation, depending on how the document is drafted.

Living Will vs Power of Attorney: Key Differences

Many clients ask: “What is the difference between a living will and a power of attorney?” While both documents relate to decisions made on your behalf, their functions, scopes, and activation timelines differ.

Why You Need Both a Living Will and a Power of Attorney

In Maryland, having both a living will and a power of attorney offers comprehensive protection and ensures that your personal, financial, and medical decisions are handled according to your values.

Here’s why both are important:

• A living will provides written guidance on specific medical interventions but doesn’t name someone to interpret or enforce those wishes in real time.
• A medical power of attorney names someone you trust to make real-time healthcare decisions, especially in situations not covered by the living will.
• A financial power of attorney ensures that someone can handle your finances, pay for your care, and manage your obligations if you’re unable to do so yourself.

Together, these documents ensure that your voice is heard, even when you can’t speak for yourself.

Maryland Laws on Living Wills and Powers of Attorney

Maryland recognizes both living wills (advance directives) and powers of attorney. The state provides specific forms and legal requirements for each document:

Living Will in Maryland:

• Must be in writing
• Must be signed by the declarant (person making the document)
• Must be witnessed by two adults, neither of whom is the healthcare agent or someone who will benefit financially from the person’s death

Power of Attorney in Maryland:

• Must clearly specify the powers being granted
• Can be durable (continues after incapacitation) or springing (activates only upon incapacity)
• Must be signed and witnessed by two adults, and in many cases, notarized

Working with an estate planning attorney ensures that your documents meet legal requirements and reflect your specific wishes.

Common Scenarios: How These Documents Work in Real Life

Scenario 1: Medical Emergency

Mary suffers a stroke and becomes unconscious. Her living will states she does not want to be on life support. Her daughter, named as her medical power of attorney, ensures that the doctors follow Mary’s wishes and also makes decisions about pain management and care.

Scenario 2: Incapacity and Finances

John develops dementia and is no longer able to manage his finances. His son, named as his financial power of attorney, pays his bills, manages his retirement accounts, and sells his car to cover healthcare expenses.

Scenario 3: No Documents in Place

Linda becomes incapacitated after a car accident. She has no living will or power of attorney. Her family must go to court to appoint a guardian and make decisions for her. This process takes weeks and creates conflict between siblings about what Linda would have wanted.

How to Create a Living Will and Power of Attorney in Maryland

Step 1: Choose Your Agents Carefully

For powers of attorney, choose someone who is responsible, trustworthy, and capable of managing complex decisions. This person should know your values and be willing to act in your best interest.

Step 2: Work with an Estate Planning Attorney

At Frame & Frame, we ensure your documents are compliant with Maryland law and customized to your unique needs. Online templates may overlook important provisions or fail to meet legal standards.

Step 3: Execute Your Documents

Once drafted, your documents must be properly signed and witnessed. We’ll walk you through this process to ensure full legal compliance.

Step 4: Distribute Copies

Provide copies to your named agents, doctors, financial institutions, and trusted family members. Also, keep the originals in a safe but accessible location.

Step 5: Review and Update Regularly

Update your documents after major life events such as marriage, divorce, the birth of a child, or changes in your medical condition.

The Frame & Frame Approach

At Frame & Frame Attorneys at Law, we don’t believe in one-size-fits-all solutions. We provide:

• Customized estate planning based on your goals
• Legally sound documents tailored to Maryland law
• Step-by-step guidance and education throughout the process
• Ongoing support to update your documents as life changes

We take the time to understand your family structure, health concerns, and financial situation, so you can move forward with peace of mind.

Start Planning Today

Don’t wait until a crisis forces your loved ones to make hard choices on your behalf. With the proper legal documents in place, you control your future—even when you can’t speak for yourself. Contact Frame & Frame Attorneys at Law today to schedule a consultation and protect your family with a comprehensive estate plan that includes both a living will and powers of attorney.