Doctor insights on:
Durable Power Attorney
Legal document: A durable power of attorney (dpoa) is a legal document that gives expressed rights to someone when you can't express yourself. Everyone needs one just in case. A durable healthcare power of attorney gives someone else the right to speak on your behalf regarding healthcare matters if you can't, eg comatose, demented, delirious, etc. Make sure s/he understands what you want! ...Read more
A living will helps a person state how they would like to be taken care of when they are no longer able to make their own decisions and when they have certain conditions that limit their life expectancy. It addresses artificial hydration and nutrition and prolongation of life when you are in a comatose state.
A durable power of attorney speaks on your behalf health or finances. ...Read more
Hospital: One way is to ask the case management/social work dept at your local hospital. They should have the documents and can walk you through it. You can also go online to your state bar website to download one. There are some popular websites for legal help that may have one for your state. Lastly, you can see an attorney to get one. They also can help you fully execute it (notary, filing, etc.). ...Read more
Call your lawyer: Just call your lawyer and have him/her change the document. Remember then to give the updated document to everybody who will need it including your doctor, hospital, ambulance service, church, etc. ...Read more
Power of attorney: In a nutshell, dpoa is when the patient can no longer make sound/accurate informed decisions about their health care and require a proxy to make the decision for the patient, in their best interests. It only takes into effect if the patient is unable to make sound decisions, and can be inactivated verbably by the patient at any time. ...Read more
No: No. A durable power of attorney gives someone the right to make medical decisions on someone else's behalf. Implicit in that is the permission that he medical care must be discussed with that person who has the power of attorney. It would be a violation of hipaa to talk with people who were not involved in the patients care about the patient. ...Read more
Lawyer or hospital: The best thing is to check with your doctor, lawyer, or local hospital. States may have subtle nuances about such legal matters so it's best to make sure you have the correct wording for your state. They can tell you how to get the form or where to go to download the appropriate one. ...Read more
Depends on state: There are many variants in state law regarding what is needed for an incompetent or incompacitated individual. Talk to a local attorney with knowledge of your states healthcare laws. ...Read more
Check this resource:
Most states have free downloadable advance directive forms which usually include documentation required for officially naming your healthcare power of attorney. Click here for your free online state advance directive: http://tinyurl. Com/44oywho
i also wrote an educational blog on how to choose and educate your health care power of attorney http://tinyurl. Com/9moa5gj. ...Read more
Depends on state: There are different laws in each state. If you do not have a power of attorney or a living will which expresses your wishes should you be unable to answer yourself, usually the medical caregivers will look to your next of kin to make decisions for you. ...Read more
Yes: If the patient is incapacitated, then a family member is authorized to make healthcare decisions according to that state's specific laws (e.g. Parent then any child vs eldest child). If a poa has previously been assigned & legal papers properly completed, then that poa has legal right to make healthcare decisions. However, any surrogate gets to make healthcare decisions only if the patient can't. ...Read more
You can: You can change your power of attorney or health care proxy/ advanced directives at anytime with the help of your attorney. ...Read more
Close: A healthcare proxy designates and individual to be responsible for all healthcare decisions, whereas a power of attorney may be designated to make all legal decisions in all aspects of your life. They are very close but differ in their limitations according to my knowledge. ...Read more
Set by states/ feds: Access to medical records is defined by your state and federal statutes. You may not be aware, but the states medical boards, insurance plans, other treating physicians & persons directly involved in patient care all have access by statute. Treating physicians or facilities can discuss patients DX & rx based on kinship & other factors defined within these statutes. ...Read more
Competence: This is a question more suited for answering by a lawyer, but in my opinion, as long as the person with power of attorney remains competent to make judgements about finances, property and persons, then he or she can remain the power of attorney. ...Read more
Please help confused elder. How can I move out of where I am living if I don't have power attorney?
Elder law Attny: Firstly, why do you need to move? And why do you not have poa for yourself? If you feel you are being abused or neglected or taken advantage of, please call adult protective services- every state has one. They will send a worker to evaluate your situation and help you. If you can, call your doctor to confide your concerns. If these are not a conern call an elderlaw attorney. ...Read more
I have a question about in-home caregiving for a family member. Should I pay myself if power of attorney for her?
Consult elder lawyer: I strongly recommended to consult a certified elder attorney. This way would allow to avoid legal issues involving financial mismanagement and medicaid fraud. ...Read more
Power of attorney: Would contact an attorney with experience in guardianship. There are several different types of guardianship/power of attorney available that range in amount of control the guardian assumes. Attorney would be best to advise. Make sure you consult an attorney with experience this type of law. ...Read more
Talk to your doctor: Durable power of attorney is a legally binding document. However it should only be active if you have become incompetent to make decisions for yourself. Talk with your primary care physician, privately. ...Read more
Legal question: It's a good idea to consult with your attorney regarding these legal questions. Courts of law determine whether a person is competent or not. This court's decision is usually informed by the report/testimony of a mental health professional (psychiatrist or psychologist) with expertise in competency evaluations. ...Read more
Too late, but: If you are closest living relative, healthcare questions might be deferred to you; however, legally speaking, if there are other siblings /close relatives that have differing opinions, it's problematic. Every person should declare and sign (1) a health care proxy, who can make medical decisions in case the person is not able to. (2) a will. Also consider (3) durable poa / financial poa. ...Read more
Legal matter: Consult your attorney. In order to get power of attorney in the first place the elder had to give you this voluntarily at some earlier time or have a judge grant it to you after a competency hearing. This would imply that you have permission from either the individual or the state as represented by the judge. It would be illegal for you to forge a power of attorney. ...Read more
Not if it's durable: A durable power of attny does not expire until either the patient or poa dies. That being said, you will need to checck with the new state to see if your poa applies. It remains in effect in the grantiing state until the patient or poa dies and there is not another person mentioned. ...Read more
Why should I have to fight with sibling over placement of mom? She gave us both power of attorney.
Multiple issues: When someone agrees to act in the best interest of another it is often times difficult keep one's own wishes out of the decision. ...Read more
Why can't my sib and I be co-powers of attorney in our state? It was possible in another where dad signed the papers.
Legal issue: This is a leqal question and has nothing to do with medicine - if you really want to know you should talk with a lawyer. Unfortunately every state has different laws. ...Read more
Given: You can't take it. It must be given to you either by the person in question, or by a judge. ...Read more
Serious question: When the patient is unable to advocate for himself. ...Read more