What Wording do I use for a Durable Power of Attorney for Health Care?
A traditional power of attorney ceases to be legally effective when a person becomes incapacitated. A durable power of attorney continues in effect despite the grantor's incapacity. The whole purpose behind a power of attorney for health care is to authorize an agent to make medical decisions for a grantor when the grantor is incapacitated. Therefore a health care power of attorney must of the durable variety.
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Function
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The function of a durable power of attorney for health care is to designate an agent that makes the same decisions regarding medical treatment and care that the grantor would make if competent to do so.
Significance
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The grant of authority in a durable power of attorney is significant. In most cases an agent decides whether extraordinary measures are to be taken to keep the grantor alive.
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Language
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The standard language that renders a power of attorney for health care durable is:
"This is a durable power of attorney and the authority of my agent, when effective, shall not terminate or be void or voidable if I am or become disabled or incapacitated or the event of later uncertainty as to whether I am dead or alive."
Time Frame
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A durable power of attorney for health care remains in full force and effect indefinitely. A grantor is able to terminate a durable power of attorney for health care when she desires (provided she is legally competent to do so).
Warning
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Make sure you make clear your wishes regarding the use of extraordinary means to keep you alive in your durable power of attorney for health care. In the end, it is your wishes you want satisfied should the need arise for an agent to act on your behalf.
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- Photo Credit Image by Flickr.com, courtesy of Kevin Walsh
