Power of Attorney

In this modern world, there becomes in the process of life, where our minds become feeble but our bodies continue to function or because of a tragic accident one is placed into a coma for healing.  In both of these instances, one needs a Power of Attorney.  This document has the client appoint someone, normally the spouse, to make decisions for them.  These decisions can be financial, life decisions or medical decisions.  If a person does not have a Power of Attorney, then before someone else can make decisions for them, one must go through a complicated process through court to be found incompetent.  This is a very costly process.

The modern Power of Attorney contains an alternate agent in case the primary agent or attorney-in-fact is injured or unable to carry out the tasks assigned to him or her within the document

The Power of Attorney may be rescinded at any time after proper notification.

What is a Health Care Power of Attorney? A health care Power of Attorney is a written document authorizing someone you name as your agent to make health care decisions for you, in the event that you are unable to speak for yourself or make your own decisions.

It is similar to a surrogate in a Living Will.  However, it pertains to all medical situations, not only those involving terminal conditions or permanent unconsciousness.  The document may also contain instructions or guidelines you want your agent to follow.  A Health Care Power of Attorney is a form of durable Power of Attorney and must be properly written to authorize your agent to make health care decisions for you.  You should consult with your attorney as to the proper preparation of a Health Care Power of Attorney.

While the use of an advance health care declaration is limited to decisions about life-sustaining procedures in the event of terminal illness or permanent unconsciousness, a Health Care Power of Attorney established a person to act as your agent in all health care decisions.  Therefore, both documents are important in making sure your health care wishes are carried out in the event that you cannot speak for yourself.