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LegalCornerTM - Health Care Directives and Living Wills F.A.Q.'s

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Q.What powers will my named agent have if I execute a Durable Power of Attorney For Health Care?

A.If you have executed a valid Durable Power Of Attorney For Health Care, only when a doctor determines that you are unable to communicate or unable to understand your situation and options, will your named agent will be empowered to make all health related decisions for you. At such a time, your named health care agent will be empowered to choose your doctor(s), decide where you will receive care and to what extent, speak with your doctors, review your medical records, authorize or decline medical treatments, etc.

Your agent cannot authorize convulsive treatment (i.e., electroconvulsive therapy or ECT), psychosurgery, sterilization, abortion, or placement in a mental health treatment facility.

If you do not want your named agent to have certain powers or to make certain decisions, you can limit your agent's authority in the Durable Power Of Attorney For Health Care or Advanced Health Care Directive.

You can also specify whether or not and to what extent you would avail yourself of blood transfusions, blood products, cardiopulmonary resuscitation (CPR), diagnostic tests, dialysis, use of a respirator, and surgery. Some people are so adamant about not having their lives prolonged that they direct that all food, water, and pain relief be withheld if the treating physician determines they are terminally ill. Others are more concerned about how much pain or discomfort they may experience, and will direct that sufficient food, water, and pain relief be provided to prevent pain but not extend life.

If and when you become incapacitated, your agent must make decisions that are consistent with any instructions you have written in a Durable Power of Attorney for Health Care and/or an Advanced Health Care Directive. If you have not made your wishes known, your agent must decide what is in your best interests, considering your personal values to the extent they are known.

It is therefore a good idea to speak with your designated agent about these matters so he/she knows how to make decisions on your behalf based on what you would have wanted.




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