How Do I Create a Power of Attorney for Health Care?

How Do I Create a Power of Attorney for Health Care?

Last updated: July 2010

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This Guide will help you create a Power of Attorney for Health Care by:Answering questions about what a Power of Attorney for Health Care can and cannot do for you and how to create one in the "Common Questions" section.Preparing your Power of Attorney for Health Care in the "Forms/Letters" section. Giving you more information about life planning in the "Related Articles."If you need to talk to a lawyer, seach the "Helpful Organizations."Click on words that appear like 'this' to learn what these words mean.]]> Select from the list below:]]> What is a Power of Attorney for Health Care?A Power of Attorney for Health Care is a form which gives another person the power to make some health care decisions for you when you cannot make decisions for yourself. You can choose who to give this power to. The person you choose is usually your spouse, a close friend, or a trusted relative. This person is called your "agent" or "attorney in fact." You can choose more than one agent, but only one agent can make decisions for you at any one time. If you do choose more than one agent, the first agent will make decisions for you until he is unable or unwilling to act on your behalf.]]>Why would I want a Power of Attorney for Health Care?There may come a time in your life when you can't make decisions for yourself because of age or disability. If this happens, someone will have to make important health care decisions for you. A Power of Attorney for Health Care lets you decide now who that person will be. You can also use the Power of Attorney for Health Care to guide the person as to what decisions you want made for you. Basically, you can use the Power of Attorney for Health Care to tell another person to make the decisions that you would have made if you were healthy enough to decide for yourself. ]]>Who will make decisions for me if I don't have a Power of Attorney for Health Care?If you do not have a Power of Attorney, your family along with your doctors will make decisions about your health care needs. You may not agree with the decision your family makes on your behalf or your family members may not be able to agree on how to handle your medical care. A Power of Attorney will help you have some control over how decisions are made on your behalf. ]]>What kinds of powers will my agent have?The amount of power your agent will have over your personal care decisions is up to you. Your Power of Attorney for Health Care can give the agent permission to make all decisions relating to your personal care, or it can be written to give the agent the power to act in only specific situations.]]>What are the limits on my agent's power?You will make your own health care decisions as long as you are able to make decisions and express your wishes. The agent can not override your wishes, even if you have created a valid Power of Attorney for Health Care. Also, you can add any specific restrictions in the Power of Attorney that you want.For example, if some types of treatment are against your religious beliefs, you can prevent the agent from allowing those treatments by saying so in your Power of Attorney.]]>Does the agent have to make decisions for me?No. The agent is not legally required to use any of the powers given in the Power of Attorney. The agent may refuse to act on your behalf for any reason. This is why you may want to choose a second agent. If the agent does choose to act on your behalf, the agent must always use due care to act for your benefit, according to the terms of your Power of Attorney. In other words, once the agent chooses to act on your behalf, he must follow the directions of the Power of Attorney. An agent can choose to quit at any time, in any manner. ]]>How long does the Power of Attorney for Health Care last?A Power of Attorney for Health Care will last until your death. If you want it to last for a different amount of time you can write that in the Power of Attorney form. Also, you can always change or end the Power of Attorney. Changes must be made in writing and signed and dated by you. You can end a Power of Attorney by physically destroying the form, or by giving your agent written notice. To read more about how you can end a Power of Attorney relationship, please see the information under "Related Articles."]]>Who should have copies of the Power of Attorney for Health Care?Give a copy to: Your doctorThe hospital that you normally useAny agent or agents named in your Power of AttorneyAny close friends or relativesIf you ever make changes to your Power of Attorney, or if you end your Power of Attorney, you should tell everyone who has a copy of the original document, and give each person a new version, if necessary.]]> You may use these forms and instructions to help you solve your problem. ]]> 5386index.cfm?fuseaction=home.dsp_content&contentID=5386Durable Power of Attorney for Health CareClick on this link to go to an interview that will automatically prepare your form for you. Please answer the interview questions accurately and carefully to make sure that your form will be correct. You may then print the form. Listed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]>5518index.cfm?fuseaction=home.dsp_content&contentID=5518How Do I End a Power of Attorney Relationship?1388index.cfm?fuseaction=home.dsp_content&contentID=1388Senior Citizens Handbook - Health Care Decisions5400index.cfm?fuseaction=home.dsp_content&contentID=5400How Do I Create a Power of Attorney for Property?

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