ANSWERS: 1
  • A durable power of attorney for health care is a legal document that authorizes one person to make medical decisions on behalf of another person. The health care power of attorney is a common component of an estate plan.

    Generally

    A durable health care power of attorney allows you to plan for potential incapacity. The document authorizes another person, called your attorney in fact, to make medical decisions for you when you are mentally or physically unable to make the decisions for yourself.

    Types

    Powers of attorney can be limited or general. A limited power of attorney provides specific subjects and authorizations that the attorney is authorized to make, while a general power of attorney is a broad grant to make decisions that the attorney believes are wise.

    Time Frame

    Most health care powers of attorney take effect only upon incapacitation. For example, if you are in a car accident and wind up in a coma or mentally deficient state, your attorney-in-fact can decide how you should be cared for.

    Considerations

    A durable health care power of attorney is just one of several different documents that should collectively comprise your estate plan. You should also consider a financial power of attorney, a living trust, a will and an advance health care directive.

    Misconceptions

    A health care power of attorney is different from an advance health care directive. An advance health care directive instructs doctors how to handle the unlikely scenario where you end up on life support or in a long-term coma.

    Source:

    Nolo's Estate Planning Basics; Attorney Denis Clifford; 2009

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