Medical Durable Power Of Attorney Definition
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Durable power of attorney.
Medical durable power of attorney definition. A type of advance medical directive in which legal documents provide the power of attorney to another person in the case of an incapacitating medical condition. The agent called an attorney in fact though the agent need not be an attorney can take care of important matters for the individual such as managing finances selling property paying bills or authorizing medical care. To make this easier some states combine a durable power of attorney for health care and health care declaration into a single form commonly called an advance health care directive for more information about preparing documents to direct your health care see the article the living will and power of attorney for health care. The purpose of a durable poa is to plan for medical emergencies cognitive decline later in life or other situations where you re no longer capable of making decisions.
The one authorized to act is the agent attorney or in some common law jurisdictions the attorney in fact. A healthcare power of attorney hcpa is a legal document that empowers a specific individual to speak with others and make decisions on your behalf concerning your medical condition treatment. Called also living will durable power of attorney for health care and sometimes advance health care directives or health care advance. Durable power of attorney for health care.
The two types of durable power of attorney are immediate and springing the first type takes effect as soon as the durable power of attorney is executed. A power of attorney poa or letter of attorney is a written authorization to represent or act on another s behalf in private affairs business or some other legal matter. A durable power of attorney differs from a traditional power of attorney in that it continues the agency relationship beyond the incapacity of the principal. The person authorizing the other to act is the principal grantor or donor of the power.
An ordinary power of attorney expires if you become mentally incompetent while a durable power of attorney includes special wording that makes it effective even if that happens. A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words this power of attorney shall not be affected by subsequent disability or incapacity of the principal or lapse of time or this power of attorney shall become effective upon the disability or incapacity of the principal or similar.
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