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Living Will and Power of AttorneyNCLEX cheat sheet

A living will is a written document stating which treatments a patient does or does not want if they become terminally ill or unable to communicate.

17 key facts 5 practice questions Reviewed Oct 2026
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Def

  • Living will = treatment wishes doc
  • DPOA = names healthcare decider
  • POA acts only when incapacitated

Key

  • Competent pt overrides POA
  • POA follows pt's known wishes
  • Healthcare POA ≠ financial POA

Do

  • Verify documents in chart
  • Honor living will directives

Report

  • POA conflicts w/ will → notify MD
  • Pt regains capacity → pt decides
Red flag to remember

Report immediately if a proxy directs care that contradicts the patient's documented living will.

Before you read

Test yourself first: 5 questions

Question 1 of 5

An advance directive that designates another person to make health care decisions if the client becomes unable to do so is known as a:

What is living will and power of attorney?

A durable power of attorney for healthcare names a person (proxy/agent) to make medical decisions on the patient's behalf. Together these advance directives ensure the patient's wishes are honored when they cannot speak for themselves.

Key points to remember

  • A living will specifies desired and unwanted treatments (such as ventilation or tube feeding) for end-of-life situations.
  • A durable power of attorney for healthcare names a proxy who decides only when the patient loses capacity.
  • The healthcare proxy must base decisions on the patient's known wishes, not their own preferences.
  • A durable financial power of attorney handles money matters and is separate from the healthcare proxy.
  • A competent patient always speaks for themselves; the proxy acts only after capacity is lost.
  • Both documents can be revoked or changed by the patient at any time while competent.

Nursing priorities

  1. Confirm which advance directive documents the patient has and place copies in the chart.
  2. Identify the named healthcare proxy and document their contact information.
  3. Activate the proxy's authority only after the provider documents loss of decision-making capacity.
  4. Ensure the care team follows the living will's stated treatment preferences.
  5. Communicate the patient's documented wishes during care planning and handoffs.

Patient teaching

  • A living will writes down your treatment wishes; a healthcare proxy names someone to decide for you.
  • Choose a proxy who understands and will honor your wishes, and talk with them in advance.
  • You remain in charge of your own decisions for as long as you are able.

Red flags: report now

  • Report immediately if a proxy directs care that contradicts the patient's documented living will.
  • Never let the proxy override a patient who still has decision-making capacity.
  • Do not act on a power of attorney for healthcare until capacity loss is documented.

References

Clinical references for this topic

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