Durable Power of Attorneyfor Health Care

When do you need one?

• An individual must execute the document when they are fully capable of understanding the nature and consequences of their own acts.
  
  
• It becomes effective when the attending physician determines an individual is no longer capable of understanding and communicating responsible health care decisions.
  
  
• It may also be used when an individual is unwilling to make medical decisions.
  
  
• Avoids necessity of getting court appointed Guardian.
  
  

How do you get one?

• The individual executes a durable power of attorney for health care.
  
  
• The document must be signed before two witnesses and the signature of the individual and both witnesses must be notarized.
  
  
• The witnesses must declare that the individual is:
  
  
  • personally known to the witness,
    
    
  • the individual signed or acknowledged their signature in the presence of the witnesses,
    
    
  • the individual appears to be of sound mind and not under duress or undue influence,
    
    
  • neither witness nor the individual's attending physician is the person appointed as attorney in fact by the document, and the individual read the warning which accompanied the document and appeared to the witness to understand the consequences of executing a power of attorney for health care.
    
    
• The individual must acknowledge that they signed freely and voluntarily.

What can the power of attorney do?

• Receive any and all information regarding proposed health care, obtain medical and clinical records, and consent to the disclosures of such records.
  
  
• Employ and discharge medical personnel to make arrangements for medical care and to move the individual from any facility or location where care may have commenced to another medical care facility or health care provider in order to carry out the individual's wishes and intentions.
  
  
• Make health care decisions including day-to-day health care decisions.
  
  
• Give or withhold consent to any medical procedure, test or treatment, including surgery; to arrange for hospitalization, convalescent care, hospice or home care; to summon emergency medical treatment; and to revoke, withdraw, modify or change consent to such procedures, tests and treatments, as well as hospitalizations, convalescent care, hospice or home care may have been previously allowed or consented to or which may have been implemented due to emergency conditions.
  
  
• Grant releases to hospital staff, physicians, nurses and other medical and hospital personnel from all liability for damages suffered or to be suffered by the individual and to sign waivers or releases from liability which are required by a hospital or physician.
  
  
• If authorized, to determine that the individual shall not have life-sustaining treatment if in a terminal condition or persistent vegetative state and to determine that the individual shall not have artificially administered nutrition and hydration if in a terminal condition or a persistent vegetative state.

When does the authority of the power of attorney end?

• When revoked by the individual. The revocation may be written or may be orally communicated to the power of attorney, doctor, hospital or nursing home staff.
  
  
• On the death of the individual.
  
  
• A statement by a medical doctor licensed to practice in the state in which the acting power of attorney resides certifying to the incapacity or incompetency of said power of attorney to act in such capacity.
  
  
• A written resignation of the Attorney in Fact.
  
  
• The execution of a subsequent Durable Power of Attorney.
  
  
• The lawful revocation by the guardian of my person.