Can a durable power of attorney override the instructions in a living will?

A durable power of attorney (DPOA) primarily allows an individual (the principal) to appoint someone else (the agent) to make healthcare decisions on their behalf when they are unable to do so. However, a living will is a specific type of advance directive that outlines an individual's wishes regarding medical treatment and end-of-life care.

The relationship between a durable power of attorney and a living will is governed by the intent of the principal. Generally, the instructions laid out in a living will reflect the principal's wishes about medical treatment preferences in scenarios where they cannot communicate. These wishes tend to have a strong, binding effect on the agent's decision-making authority granted through a DPOA. Therefore, the purposes of these documents often do not allow for one to override or contradict the other.

In situations where the instructions in a living will are clear and specific, the agent under the durable power of attorney is typically required to follow those instructions, ensuring that the principal’s wishes are respected. This is why the assertion that a durable power of attorney cannot override a living will is accurate. It emphasizes the importance of advance directives in guiding healthcare decisions according to the patient's preferences.