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Common Questions about Health Care Power of Attorney
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These are common questions about health care power of attorney.
Questions about Health Care Power of Attorney
An advance directive is a document where you write out what kind of care you want in case you cannot make health care decisions for yourself later. An advance directive can also include who you want to make those decisions for you.
Advance directives are a way to name a person you trust to make decisions for you if you are not able to express them. Having an advance directive may also prevent the need for a guardianship.
You can choose to have any number of advance directives. If you have more than one advance directive, make sure your wishes are consistent and that your patient advocate knows about each of them.
A health care power of attorney is a document where you name someone to make health care decisions for you. This document is sometimes called a “patient advocate designation”. The person you name in the document is called your patient advocate.
Yes.
You must be at least 18 years old. You must also understand you are giving another person power to make certain decisions for you should you become unable to make them.
Your patient advocate can make decisions for you only if you can’t make medical treatment decisions for yourself. Until that time, you make your own decisions.
You might have a temporary loss of ability to make or communicate decisions. For example, you may have a stroke or become unconscious in a car accident. You might suffer permanent loss through a long-term condition, like dementia. Your patient advocate can only make decisions for you when you are unable to participate in medical decisions.
Your doctor and one other doctor or psychologist who examines you will make that determination.
You can give a patient advocate power to make health care decisions you would normally make for yourself. Some examples of powers you can give your patient advocate are the power to:
- Consent to or refuse medical treatment
- Arrange home health care or adult day care
- Admit you to a hospital or nursing home
Your patient advocate will not have power to handle your property and finances. If you want another person to handle your property or financial affairs, you may want to talk to a lawyer about a financial power of attorney. Use the Guide to Legal Help to find a lawyer or legal services in your area.
Your patient advocate has a duty to take reasonable steps to follow your wishes and instructions, both oral and written.
You can name anyone that is 18 or older. You can name your spouse, an adult child, a friend, or any other person. Your patient advocate should be someone you trust and who can handle the responsibility.
You should talk to the person you want to name as your patient advocate before you complete and sign the document. That way you make sure they are willing to serve.