What is the Difference Between a Living Will and a Power of Attorney?

The main difference between a power of attorney and a living will lies in their purpose and the scope of authority they grant to individuals. Read more about each below.

Power of Attorney:

  • Purpose: A power of attorney is a legal document that grants authority to another person, known as the “agent” or “attorney-in-fact,” to act on behalf of the “principal” in various financial, legal, and personal matters. The principal may delegate specific powers to the agent, allowing them to make decisions and take actions on the principal’s behalf.
  • Types: There are different types of powers of attorney, such as general, limited, durable, and springing powers of attorney, each with varying degrees of authority and duration.
  • Scope: A power of attorney primarily deals with managing the principal’s affairs while they are alive, especially in situations where the principal is unavailable, incapacitated, or unable to make decisions.
  • Authority: The agent’s authority can range from handling financial transactions, managing real estate, accessing bank accounts, paying bills, making legal decisions, and representing the principal in business matters.
  • Revocation: The principal can revoke or terminate the power of attorney at any time as long as they have the mental capacity to do so.

Living Will:

  • Purpose: A living will, also known as an advance directive or healthcare directive, is a legal document that expresses a person’s medical treatment preferences and wishes regarding end-of-life medical care.
  • Scope: A living will comes into effect only when the individual is incapacitated and unable to communicate their healthcare decisions, typically due to a terminal condition or in a persistent vegetative state.
  • Medical Decisions: In a living will, the individual can specify their preferences for life-sustaining treatments, such as artificial respiration, feeding tubes, organ donation, and other medical interventions.
  • Agent vs. Living Will: While a power of attorney designates someone to make decisions on the principal’s behalf, a living will does not designate an agent. Instead, it directly provides guidance to medical professionals and family members regarding the individual’s healthcare wishes.
  • Revocation: Like a power of attorney, a living will can be revoked or updated by the individual as long as they are mentally competent to do so.

Combining Both Documents:

In some cases, individuals may choose to have both a power of attorney and a living will to cover different aspects of their affairs. A power of attorney addresses financial and legal matters during the individual’s lifetime, while a living will ensures that their medical treatment preferences are followed if they become incapacitated and unable to communicate their wishes.

It’s crucial to consult with an attorney when creating these legal documents to ensure that they align with your specific needs and comply with the laws of your jurisdiction.

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A deposit is required to book a mediation or 1-hour consultation appointment.

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Consultation Fees

Consultation Fees

The regular hourly rate for Consultation is $300 but the first 30 minutes are FREE!*

Consultations are *FREE for the first 30-min and $300/hour after.

Deposit Information

  • Consultations are *FREE for the first 30-min and $300/hour after.
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  • If needing to cancel or reschedule, clients must give at least 24 hours notice.
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Mediation Fees

Mediation Fees

The regular hourly rate for Mediation is $250 for the first two hours and then $250/hour thereafter with a 2-hour minimum. This rate shall apply to the mediator’s time involved in preparation, conferences, writing memoranda, consulting with attorneys, responding to requests for release of information or any other time including travel spent on our behalf.

For families of modest means, Sandi offers reduced rates equivalent to Hillsborough County Mediation and Diversion Services based on verified combined family income as stated below:

  • $120 for the first two hours then $120/hr. for combined incomes less than $50,000 per year.
  • $200 for the first two hours then $200/hr. for combined incomes between $50,000-$100,000 per year.
  • Reduced rates for families with combined income greater than $100,000 per year and/or significant assets will be decided on a case-by-case basis.

Deposit Information

  • The deposit to book is only $120 for all mediations.
  • If needing to cancel or reschedule, clients must give at least 24 hours notice.
  • The deposit is nonrefundable if the client does not give more than 24 hours notice.
  • The deposit is applied and deducted from the total invoice for the mediation appointment after determining income eligibility for the reduced rates.

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