In South Dakota, which is better - a Health Care Power of Attorney or a Living Will?

Most experts agree that a Durable Power of Attorney for Health Care is a better option than a Living Will. The Durable Power of Attorney for Health Care can do everything that a Living Will can do and may include a statement of your wishes on the subject of life-sustaining treatment.

A Durable Power of Attorney for Health Care has advantages which the Living Will does not. For example, with a Durable Power of Attorney for Health Care, your agent can actively remind your physician of your wishes, something that a written document, like a Living Will, cannot do alone. Also, a Living Will only contains directions as to when and whether you want life-sustaining treatment, and it goes into effect only after your attending physician and one other physician have diagnosed you as terminally ill or permanently unconscious. 

In other words, a Living Will does not address the numerous other health care decisions that must be made if you become incapable of making your own decisions. A Durable Power of Attorney for Health Care, on the other hand, can authorize your agent to make “all” health care decisions. Therefore, a Durable Power of Attorney for Health Care is more comprehensive and flexible than a Living Will.