In a Power of Attorney for Health Care you designate you agent to make important health care decisions for you

In a Durable Power of Attorney for Health Care you designate you agent to make important health care decisions for you in accordance with your wishes. You may give an agent broad powers, as well as you may limit his powers to certain acts. Similar to the financial power of attorney, you give the Agent power to make health related decisions on your behalf. You agent is obligated to act in accordance with your religious, moral, and other requests.

Your agent's authority begins when your doctor certifies that you lack the competence to make health care decisions.

You must be at least 18 years or older to sign a valid Health Care Directive. Your state of mind is also important you must understand the nature and the purpose of this document, know its content and how it is going to work. Majority of states require an Advance Health Care Directive to be either notarized or witnessed by two witnesses. However, some states (e.g. New York) have no such requirements. Please read more detailed info on your state page.

THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:

• The person you have designated as your agent;
• The person you have designated as your agent;
• A person entitled to any part of your estate after your death under a will or codicil executed by you or by operation of law;
• Your attending physician;
• An employee of your attending physician;
  
• An employee of a health care facility in which you are a patient if the employee is providing dirct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
• A person who, at the time this power of attorney is executed, has a claim against any part of your estate after your death.

A Durable Power of Attorney for Health Care may not be changed or modified. If you want to make changes in the Durable Power of Attorney for Health Care, you must make an entirely new one.

You may wish to designate an alternate agent in the event that your agent is unwilling, unable, or ineligible to act as your agent. An alternate agent you designate has the same authority to make health care decisions for you.
 

To better understand the health care and pecuniary related issues our legal articles, frequently asked questions and other law related information may be of interest to you.

• What Kind of Authorities May I Mention In My Health Care Directive?
• What is Patient Self-Determination Act?
• Health Care Directive Legal Information
• Health Care Directive Articles and News
• Health Care Directive Frequently Asked Questions