When packing, include a copy of important papers such as a living will and health care power of attorney
If you are incapacitated or die, it makes sense to have all critical papers in one place so your health care power of attorney
, your executor, or a trusted friend or family member can access them.
ISSUE: Can an agent under a health care power of attorney
bind a patient to waive her right to a jury trial and consent to arbitration?
Arizona, for example, requires a separate power of attorney for mental health in addition to a health care power of attorney
, says Kathie Gummere, a lawyer whose practice includes legal matters pertaining to same-sex couples.
58) Just as a living will is the client's declaration of when not to use life-sustaining procedures, the health care power of attorney
is a document in which the client appoints someone he trusts, his agent, to make decisions about his medical care if he cannot make the decisions himself.
1) Examine the health care power of attorney
to see that it substantially complies with the requirements of the statute.
An understanding of the basic legal documents that everyone needs as they age--such as the last will and testament, living will, health care power of attorney
and durable power of attorney--is important, says David Jose, partner with the law firm of Locke Reynolds in Indianapolis.
196) The health care power of attorney
may be defined by statute, there may be required language in the statute, or there may be specific authority for an agent in the statute.
Some states have specific laws allowing a health care power of attorney
, and provide printed forms.
A health care power of attorney
is a document that allows an individual to designate another person to make health care decisions when the individual is unconscious or mentally incompetent.
One audience member remarked that advance care directives are the most important thing he does as a geriatrician, and another acknowledged the struggle that often arises over goals of care with family members and health care power of attorney