Every person, and especially every patient, should consider some formal
provision for decision making should he or she become incompetent. The
implication of the Cruzan decision is that a durable power of attorney may be
the strongest legal provision. There are other benefits to using a durable
power of attorney rather than a living will. [Orentlicher D. Advance medical
directives. JAMA. 1990;263:2365.] Physicians do not like to discuss living wills
with patients because it makes the patient face the issue of death. Living wills
are also troublesome because they must anticipate future circumstances.
Conversely, a durable power of attorney may be discussed in terms of the
patient’s potential temporary incompetence during treatment. Durable powers
of attorney are also flexible because they substitute a fully empowered
decision maker who can carry out the patient’s intentions in the face of
changing circumstances.