MEDICAL DURABLE POWER OF ATTORNEY

A medical durable power of attorney is a document you sign naming someone to make your health care decisions. The person you name is called your agent. Your agent stands in for you when it is time to make any and all medical or other health care decisions with your doctor. Your agent can get copies of your medical records and other information to make medical decisions for you.

There are other types of durable powers of attorney which allow an agent to make different kinds of decisions for you, including financial ones.

A medical durable power of attorney can cover more health care decisions than a living will as is not limited to terminal illness. You may put instructions or guidelines into your medical durable power of attorney telling your agent what you really want. 

Your medical durable power of attorney can become effective immediately, or you can make it become effective when you become unable to make your own medical decisions.

Your medical durable power of attorney should contain the following information:

The name, address and telephone number of the person you choose as your agent, and your second choice of agent to act if your first agent is unable to act for you.

Any instructions about treatment you do or do not wish to receive such as surgery, chemotherapy or life sustaining treatment such as artificial feeding, kidney dialysis or breathing support, etc.

It is important to talk with your doctor, your family and your agent about your medical care choices and your advance directives.

GENERAL DURABLE POWER OF ATTORNEY

The durable power of attorney has no effect after the death of the principal but is often considered to be a useful substitute for revocable trusts during the principal's lifetime. The durable power of attorney permits the agent to act on behalf of the principal even after the principal's incompetence or disability if the power of attorney so provides.  The power of attorney allows an agent of the principal conduct the “business affairs” of the principal.  While the use of the power of attorney avoids the need for the formalities of a trust or conservatorship, such as separate bookkeeping and tax returns, by the same token it lacks many of the protections of a more formal arrangement.  Durable powers of attorney subject the agent to general fiduciary relationship principles. 

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