Statutory Form for a Durable Power of Attorney for Health Care
The statutory form for a durable power of attorney for health care is a standardized document by each state. The form permits a principal the ability to appoint an agent to make medical care and treatment decisions for him if he becomes incapacitated.
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Considerations
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The statutory form for a durable power of attorney for health care allows you to specify how you want your medical care and treatment handled if you are not competent to make decisions. Your agent is directed to carry out these wishes.
Misconceptions
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A common misconception is that you must use the statutory form of a durable power of attorney for health care. Although the statutory form is convenient, you can use your own form or one written by a lawyer, provided it contains the same general provisions found in the statutory form.
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Benefits
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The primary benefit of using the statutory form rests in the fact that the form is developed in compliance with applicable state law regarding powers of attorney.
Termination
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A statutory form for a durable power of attorney is terminated any time the principal desires. The instrument terminates automatically upon the death of the principal.
Famous Ties
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Powers of attorney for health care and financial matters are subject to abuse. The case of iconic socialite Brooke Astor is a good example. She granted her son powers of attorney to deal with her affairs. Abusing his authority for personal financial gain, 85-year-old Anthony Marshall was convicted of multiple charges.
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References
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- Photo Credit Hand and document at the meeting image by Dmitry Goygel-Sokol from Fotolia.com
