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There are various legal mechanisms that allow another person to act on your behalf if you are unable to do so. The two main concerns
here are giving that person the legal right to manage your property and to make medical decisions for you while you are incapacitated.
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Adults have the fundamental right to control decisions relating to their health care. You have the right to make
medical and other health care decisions for yourself so long as you can give informed consent for those decisions.
No treatment may be given to you over your objection at the time of treatment, including nutrition and hydration. You may
decide whether you want life-sustaining procedures withheld or withdrawn in instances of a terminal condition.
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A growing number of people are stating their wishes regarding life-prolonging possibilities while they are still able to make these decisions.
The two basic documents that allow you to express your desires regarding methods of treatment you want or do not want when you are unable to
speak are the Living Will and the Durable Power of Attorney for Health Care (or Health Care Proxy). These documents are also called the
Advanced Health Care Directive.
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Depending on the state law, it may have different names: Health Care Declaration, Declaration to Physician,
Dying Declaration, a Health Care Proxy, Declaration of Health Care Surrogate, and Advanced Medical Directive.
Your decision to write a living will and/or a Health Care Durable Power of Attorney
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depends on your own moral and ethical principles. If your belief system guides you to choose life at any cost, make these feelings known to your family members
and physicians. You are not required by law to have an Advance Health Care Directive.
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In a Durable Power of Attorney for Health Care you designate an agent to make important health care decisions for you in accordance with your wishes. You may give the agent broad powers, or 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 of age 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, and know its content and how it is going to work.
The majority of states require that the Advance Health Care Directive be either notarized or witnessed by two witnesses. However, some states (e.g. New York) have no such requirements. Please read more detailed information on your state page.
Please read the following articles and FAQ’s to find more helpful information regarding this important topic.
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CAUTION: A Living Will has nothing to do with your Last Will, an instrument that is used to
leave your property at death to your heirs.
A Living Will is a document in which you state in advance your wishes regarding medical treatment and life-sustaining procedures to
be performed (or refrained from) in case of your terminal illness or incapacitation. You do not delegate any duties or responsibilities
to anyone by this document.
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Your Health Care Directive allows you to take care of many things while you are in good health and a clear state of mind. Keep in mind that your agent will act as you would act in similar circumstances. You may authorize, or decline to consent to organ donation, or to provide for a burial-cremation ceremony. These tough decisions may be particularly important for your family members, especially if you were married more than once and have children from previous marriages.
You current spouse may want to do one thing, and your children ...
Read more
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In order to protect the rights of its citizens, Congress passed the Patient
Self-Determination Act in 1991. This law makes it clear that you have the right to make decisions regarding your medical care
including the right to accept or refuse treatment and the right to make an advance directive.
Read more
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To better understand the health care and pecuniary related issues our legal articles and other law related information may be of interest to you.
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Legal Helpmate Corp. is not a law firm and does not give legal advice. If difficult legal issues are involved, you should consult an attorney.
Legal Helpmate Corp. is a legal document service center that provides you with appropriately prepared legal
forms to cover your health care and pecuniary decisions.
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