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Q.If I Execute a Living Will or Durable Power of Attorney For Health Care When Does My Agent Make Decisions For Me?
A.Both documents are considered valid the minute they are executed (signed, witnessed and notarized). However, your doctors will not act on the directions provided in a Living Will until you become terminally ill.
Similarly, your doctors will not empower your named agent to make health care decisions on your behalf unless your doctor determines that you lack the ability to communicate your own wishes or to understand the severity of your situation and your treatment options (e.g. you are unconscious or delirious).
If your ability to understand is questionable, your doctor (with the input of your named health care agent or close relatives) will decide if your Durable Power Of Attorney should become operative.
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