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Can I have both?

You can have both an Advance Decision (Living Will) and a Lasting Power of Attorney for Health and Welfare (LPA). If you do, the one that you made more recently will take priority when a decision needs to be made about your treatment and care.

For example:

  • If you make an LPA after making an Advance Decision your attorney will be able to override what’s written in your Advance Decision as long as, when you made the LPA, you gave them the power to make the decision in question (for example, by choosing that they can make decisions about life-sustaining treatment).
  • If you make an Advance Decision after making an LPA your attorney won’t be able to override what is written in your Advance Decision. In this situation, if a decision needs to be made about something that you haven’t detailed in your Advance Decision, then your attorney will still be able to act on your behalf.

If you have both an Advance Decision and an LPA, make sure that you tell your attorney about your Advance Decision and give them a copy.