You have a right to decide what kind of medical treatment you do and do not want. Why should I consider having a Durable Power of Attorney for Health Care? It gives that person (called your agent) instructions about the kinds of medical treatment you want. If you also execute a health care directive, both documents should be consistent with each other.What is a Durable Power of Attorney for Health Care?Ī Durable Power of Attorney for Health Care is a document that lets you name someone else to make decisions about your health care in case you are not able to make those decisions yourself. 1 You should therefore not execute a durable power of attorney for health care without giving very careful consideration to who you choose to authorize as your attorney-in-fact. In addition, third parties who reasonably rely in good faith and without negligence on your power of attorney will not incur liability for doing so. The actions taken by your attorney-in-fact acting within the powers you granted are legally binding on you (and in some cases your estate, your successors, and your heirs) as if you yourself took those actions. Your attorney-in-fact will have complete access to personal information and private affairs to the extent that you grant it to him or her. In order to avoid any confusion about your wishes regarding treatment while you are incapacitated, it is often a good idea to execute a health care directive concurrently with a durable power of attorney for health care.īefore executing a power of attorney, you must understand the importance and impact of granting these powers to someone else. ability to choose health care personnel for treatment.ability to authorize relief from pain and.ability to grant releases of liability that your health care provider may require for treatment.ability to consent to medical treatment (and withhold consent). access to your medical records and personal information.The following are some examples of health care matters in relation to which you can grant your attorney-in-fact the authority to act on your behalf in a durable power of attorney for health care: By making the document effective immediately, you and the attorney-in-fact can avoid this problem. That is, he or she would not be able to obtain the personal health information necessary to prove your incapacity. If the document states that it becomes effective only upon your incapacity, as is common in durable powers of attorney for financial matters, the attorney-in-fact would find himself or herself in a Catch-22. Otherwise, the Health Information Privacy and Accountability Act (HIPAA) prevents access to health information. This allows the attorney-in-fact immediate access to your health information to enable him or her to make decisions regarding your health care. It can be immediate, at a future date, or on the occurrence of a future event.Ī durable power of attorney for health care is a power of attorney with which you can grant your attorney-in-fact authority to act on your behalf in relation to your health care in the event you cannot make health care-related decisions for yourself.Ī durable power of attorney for health care is usually drafted to be effective immediately. You can specify when the power of attorney takes effect. As the one granting the authority, you are the principal. The person to whom you grant this authority is referred to as your attorney-in-fact. Definition: Durable Power of Attorney for Health CareĪ power of attorney is a written instrument that you use to grant another person the authority to act on your behalf.
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