Durable Power Of Attorney

No matter how badly we might want to, we can't foresee the future.

Everyday people are diagnosed with unexpected illnesses, or are badly hurt in an accident. Most of the time we maintain enough control over are senses that we are able to make and understand all of our medical treatments but is some instances we simply don't have the mental competency to do that.

There are some steps you can take to maintain control of your situation.

Some people like to draft a living will. A living will is a document that clearly states what treatments, drugs, and precaution you will accept. Many people include a note about situations when they do not want to be resuscitated. It is important to remember that they living wills are only good if people know where to find them. A living will that has been shoved into the back of a closet somewhere will not do you any good if you are in a coma in a hospital room.

Other people assign a person with something called durable power of attorney. The person who receives durable power of attorney is the person who will be making all medical decisions if you loose competency. This person is called the patient advocate. If you do not loose your competency doctors will not have to consult this person.

Before someone has durable power of attorney, you (in legal terms you are called the principal) must file a document that states you trust somebody (they are called either the agent, patient advocate, or the attorney-of-fact) enough to let them make medical decisions on your behalf. The agent can be any competent adult over the age of eighteen. Most people choose a family member, spouse, life partner, or friend to act as their agent. Some people even ask a bank or their family lawyer to act as their agent, although this is more common in financial matters then medical. The agent must be someone you can trust with your life, literally.

Whomever you appoint as you patient advocate you need to make sure that they know and understand your beliefs about your medical treatment, discuss every medical eventuality. Make sure that your patient advocate is comfortable with your asking that their morals won't interfere with your medical wishes. Once you have decided to give somebody durable power of attorney make sure their full name, current address, and current telephone number are included in you medical files.

It is important to make sure that the word durable is listed on the contract you sign. If the word is not on the document the document is only valid while you are alive and in full control of your mind. If the document only says power of attorney the paper becomes invalid when you are declared incompetent. Non-durable power of attorney is generally used for financial matters.

It doesn’t hurt to have a second person waiting to take over durable power of attorney if your first choice can not be reached.

Durable power of attorney is recognized in all fifty states.

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