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Health Care Power of Attorney - Overview

A durable power of attorney for health care grants a health care agent, the power to make medical decisions for another, the principal.  It is important to set up a durable power of attorney for health care because a health care agent will not only make all necessary health care decisions for the principal if they become unable to speak for themselves, they will also ensure that the doctors, physicians, and nurses are giving the principal the type of care he or she wished to receive.  Even if a health care agent does not agree with all of the principal’s health care wishes, they must abide by his or her requests.

When Your Health Care Power of Attorney Ends

One you have executed health care power of attorney documents for medical care, they will remain in effect as long as you are alive unless these circumstances occur:

  • You revoke the document
  • A court invalidates the document
  • A court revokes your agent’s authority
  • You get divorced

To make sure that your wishes for medical care will be upheld even if you cannot express them yourself, it is very important to execute health care power of attorney documents. An attorney experienced in health care power of attorney will know the specific laws for your state and will make sure that your wishes are carried out so search for an experienced attorney in your area today.

Why Speaking with a Health Care Power of Attorney Lawyer Is Important

In the case that you are not able to express your wishes regarding your medical care, it is important that you execute a health care power of attorney giving authority to make decisions on your behalf to someone you trust to do so. Because laws concerning health care power of attorney can vary by jurisdiction, it is very important to hire an attorney who is familiar with the specific laws of the jurisdiction in which you live.

The requirements for creating a durable power of attorney for health care vary by state.  A health care power of attorney lawyer in your area will be able to prepare your living will along with your durable power of attorney for health care.  Despite of your age or health, it is important to make a living will and appoint a health care agent while you have the capacity to make such decisions. The law will not allow you to draft estate-planning documents such as these when you are incapacitated. 

You may also want to ask your health care power of attorney lawyer whether they include a living will and a durable power of attorney for health care in their package of estate planning documents.  Once you have created these documents, you can live your life knowing you will receive the type of care you desire even if you cannot ask for it yourself.

Click to learn about Health Care Power of Attorney Law on LawInfo.

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