A Durable Health Care Power of Attorney is a legal document in which you designate a person, called a Patient Advocate, to make healthcare decisions for you in the event that you cannot make these decisions for yourself.
You can only execute a Durable Health Care Power of Attorney if you are competent, and if you understand what you are signing. You can revoke your Durable Health Care Power of Attorney, and it expires upon your death.
You need a Durable Health Care Power of Attorney to make sure that you have someone who can make healthcare decisions for you in the event that you cannot make these decisions yourself.
By having a properly drafted Durable Health Care Power of Attorney you could avoid having the court appoint a guardian for you.
If you do not have of a Durable Health Care Power of Attorney, then court proceedings will be held so that the judge can appoint a guardian for you. This process takes time and is costly.
You decide what your Patient Advocate can and cannot do by giving your Patient Advocate certain powers. You can give your Patient Advocate very limited powers, or a broad range of powers. Some of these powers are:
- Access to your medical records
- Apply for medical benefits on your behalf
- Employ health professionals on your behalf
- Consent or refuse consent for treatment
- Instructions regarding pain relief
- Instructions regarding life-sustaining treatment
- Refuse life-prolonging procedures
- Donate your organs and body
