In most states, the power of attorney may grant your Attorney-in-Fact the power to give or withhold consent for medical procedures, to gain access to all medical records, to release medical records, and to exercise wishes outlined in a Living Will or Advanced Health Directive.
The Durable Power of Attorney for Healthcare takes effect when you are unable to make decisions due to incapacity. At that time, the Attorney-in-Fact named in the document assumes responsibility with the doctors and healthcare providers to manage your care and to carry out your wishes regarding medical treatment and procedures. Prior to giving someone this much power over your welfare, you should discuss the responsibility with the person whom you wish to name as Attorney-in-Fact. You may revoke the Power of Attorney at any time by destroying or canceling the document, or signing a new document.
Where To Find Information
Most state laws provide model forms for both a Living Will and a Durable Power of Attorney for Healthcare. Hostpitals are required by federal law to provide information on Advanced Healthcare Directives and applicable state law on the use of these documents. There are several internet sites that provide information including:
Another site is the American Bar Association, which provides a toolkit for Advanced Healthcare Directives. While you do not need an attorney to draft these documents, an estate planning attorney will discuss advanced care planning as part of your overall estate plan and provide the forms as needed.
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