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Durable power of attorney for health care

   

A durable power of attorney for health care is a much-needed legal document in today's world. Many people think that having a living will ensures that their wishes are met concerning their health care and their opinions about life support. This is just not true. A living will only maps out your opinions about organ donation and life-support systems. It is not a directive that must be followed by your doctors and other health-care professionals.

If you want to make sure that the person of your choice has the power to make decisions for you if you become incapacitated or otherwise unable to do so, then you need to get a durable power of attorney for health care that names the person of your choice to be your attorney-in-fact. Having a durable power of attorney for health care will ensure that your wishes concerning your health, the care you receive, your opinions about life-support, and other end-of-life issues are respected.

If you have a loved one who is ill and becoming unable to make decisions for himself or herself, you should speak with them about getting a durable power of attorney for health care drafted. This legal document does have to be respected by doctors and other health-care professionals unlike the living will.

One reason that a durable power of attorney for health care is a necessity in today's world is because in 1996 our government passed laws concerning health care information and its accessibility. Everyone has had to sign consent forms at every doctor's office and dentist’s office that they had visited in since these laws were enacted. Basically these forms have given your doctors and other health-care professionals permission to view your information. A similar consent would be needed in one form or another in order for a loved one to view the same information.

Without a durable power of attorney for health care you, as the attorney-in-fact, would you not to be able to get the necessary health care information about your loved one so that you could make informed decisions on their behalf. If you are not the spouse of the person in question you would not be able to direct their doctors on how they should proceed and what the patient would want.

There are some websites out there that have very generic forms that they claim will work as a durable power of attorney for health care. This may or may not be true. Keep in mind that most legal documents are not considered executed and therefore effective until they have been notarized. Please consult a licensed attorney to help you draft a durable power of attorney for health care for yourself or loved one if you feel that you need or may need this document.

Other resources

  • The power of attorney
    A Power of Attorney is a legal document.
    Read more: The power of attorney
  • Durable power of attorney
    A durable power of attorney is a legal document that grants the named attorney-in-fact authority to act on behalf of the person for whom the durable power of attorney is drafted. Having worked at a law firm and participated in a lot of estate planning, I can tell you that a durable power of attorney is a serious document and not something to enter into without a lot of consideration.
    Read more: Durable power of attorney

 
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