Does durable power of attorney cover medical decisions? Well, the thing is that even though you do not have a specific wish in regard to your health care, a durable power of attorney for health care will make sure that someone that you trust will help to make medical decisions on your behalf in the event that you cannot do so.
Does Durable Power Of Attorney Cover Medical Decisions
The term “durable power of attorney” (DPOA) can cover both financial and medical decisions, but it’s important to note that there are different types of power of attorney documents, and they may vary based on the jurisdiction. In general, a durable power of attorney remains in effect even if the person who created it (the principal) becomes mentally incapacitated.
What is Durable Power of Attorney
A durable power of attorney (DPOA) is a legal document that grants authority to a designated individual (known as the “agent” or “attorney-in-fact”) to act on behalf of another person (known as the “principal”) in making financial and/or medical decisions. The term “durable” means that the power of attorney remains in effect even if the principal becomes mentally incapacitated or unable to make decisions.
The main purpose of a durable power of attorney is to ensure that someone trusted can manage the principal’s affairs and make important decisions on their behalf in situations where they are unable to do so themselves. This document can help avoid the need for a court-appointed guardian or conservator if the principal becomes incapacitated.
Types of Durable Power Of Attorney
There are actually two types of durable power of attorney and they are;
Durable Financial Power of Attorney
This document grants the agent the authority to handle the principal’s financial matters. It can include managing bank accounts, paying bills, handling investments, filing taxes, buying or selling property, and conducting other financial transactions. The scope of authority can be broad or limited, depending on the principal’s preferences.
Durable Medical Power of Attorney (Healthcare Power of Attorney or Healthcare Proxy)
This document grants the agent the authority to make healthcare decisions on behalf of the principal when they are unable to do so due to incapacitation. The agent can make choices about medical treatments, procedures, medications, and other healthcare-related matters based on the principal’s previously expressed wishes or in their best interest.
A durable power of attorney is an essential component of an individual’s estate planning, as it allows them to choose a trusted person to manage their affairs and make decisions according to their wishes. It’s important to create this document while the principal is still mentally competent, as they must be capable of understanding the implications and responsibilities involved in granting someone else this authority.
To create a durable power of attorney, it is advisable to consult with an attorney who specializes in estate planning and elder law to ensure that the document complies with the relevant laws and accurately reflects the principal’s intentions.
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