The Durable Power of Attorney for Health Care is a legal document in which you authorize a trusted individual to make health care decisions on your behalf in the event you are unable to do so due to illness or incapacity.
A Durable Power of Attorney allows for responsiveness to changing health care situations as the Health Care Agent that you appoint will express your wishes and respond to unexpected changes in your condition; thus decisions will be based not just on your written wishes, but will be guided by your Agents familiarity with you and your desires regarding your care.
Who Would You Want Making Your Health Care Decisions if You Were Unable?
The Durable Power of Attorney for Health Care is a legal document in which you authorize a trusted individual to make health care decisions on your behalf in the event you are unable to do so due to illness or incapacity. The person you appoint is known as your “Attorney-in-Fact,” “POA,” or “Health Care Agent”. Your agent must follow your wishes regarding the provision or withholding of medical treatment. The person you choose should be a trusted family member or friend with whom you have discussed your values and medical treatment choices.
A Durable Power of Attorney allows for responsiveness to changing health care situations as the Health Care Agent that you appoint expresses your wishes and will be able to respond to unexpected changes in your condition and base decisions not just on your written wishes, but also on their familiarity with you and your desires regarding your care.
If you don’t have a Durable Power of Attorney for Health Care, and if you were to lose the ability to communicate and make decisions, state laws grant authority concerning medical decision-making (though not financial) to someone who will speak for you, even if you don’t agree! Thus is it very important that you designate who should speak for you through a Durable Power of Attorney so that you determine who will speak for you.
Without a Durable Power of Attorney for Health Care, the following people, in order of priority, are authorized to make health care decisions for you, including withdrawing or withholding care:
A guardian with health care decision-making authority, if one has been appointed
Your spouse
Your adult children
Your parents
Your adult brothers and sisters
When there is more than one person, such as children, parents or brothers and sisters, all must agree on the health care decision.
What if I Don’t Have an Attorney-In-Fact for Health Care Decisions?
If you don’t have a Durable Power of Attorney for Health Care, and if you were to lose the ability to communicate and make decisions, State laws grant authority concerning medical decision-making (though not financial) to someone who will speak for you, even if you don’t agree! Thus is it very important that you designate who should speak for you through a Durable Power of Attorney so that you determine who will speak for you.
Without a Durable Power of Attorney for Health Care, the following people, in order of priority, are authorized to make health care decisions for you, including withdrawing or withholding care:
A guardian with health care decision-making authority, if one has been appointed by the courts
Your spouse
Your adult children
Your parents
Your adult brothers and sisters
When there is more than one person, such as children, parents or brothers and sisters, all must agree on the health care decision.