A Durable Power of Attorney for Health Care (DPOA-HC) is a form that allows us to name a person or persons to make decisions about our health care in case we don't have the capacity to make those decisions ourselves. It will give direction to the kind of medical treatment we want even If we cannot communicate those directions.
Advances in medical technology have brought upon mixed blessings. Now a days people are living longer and longer lives. Yet some feel the quality of life does not match the quantity of life. In other words, many people wonder what good is it to live to be a hundred years old if we spend our last years confined to a bed, not knowing who we are, and unable to feed ourselves. "Is it really living?” some ask.
Today, most courts agree that we have the right to control our health care. It is your right to accept or even refuse treatment. Doctors do not have the legal capacity to force us to live. They cannot force us to take medicine or receive other life sustaining procedures if we expressingly state those wishes. If you are unable to communicate those wishes then putting them in writing is the only other way to do it. That’s why today we have access to the Durable Power of Attorney for Health Care form.
If later on you change your mind about your medical wishes in your durable power of attorney form then you can revoke it (make it not legally valid). Depending on which state you live in there are laws that will revoke a power of attorney. For example some state laws will automatically revoke it if your spouse is not appointed as your agent (person executing the DPOA-HC). Doing the research of your state's current procedures is the only way to be absolutely sure it will be revoked.
Related Articles
What is a Power of Attorney?
By: Nicholas Copernicus | 27/03/2008 | Law
A power of attorney form is a legal document that is voluntarily entered into by two parties and then is duly certified by a notary public. The person who wrote up the agreement is called the Principal; the person who is 'executing' the agreement is called the Agent.
Protect Your Rights, Wishes, And Family With A Durable Power of Attorney
By: Wade Anderson | 19/07/2006 | Law
Using a durable power of attorney to grant another person the right to act on your behalf should you become incapacitated is a great way to protect yourself, your family, and estate.
Securing your Future With a Power of Attorney
By: Nicholas Copernicus | 28/09/2007 | Law
If you’re like most of us that worry about our future and protecting our property/estate then you need to know how executing a Power of Attorney form can protect you.
Avoiding Serious Financial Problems With a Durable Power of Attorney Form
By: Dan Copernicus | 28/11/2006 | National, State, Local
A durable power of attorney form will authorize someone else to carry out specific tasks on your behalf, even if you become incapacitated. These tasks can include the power to buy, sell, borrow, sign checks, access bank accounts, sign tax returns, bring law suits on your behalf, carry out medical directives when incapacitated, etc.
What is a Durable Power of Attorney Form?
By: Nicholas Copernicus | 13/01/2008 | Law
A durable power of attorney form is made to help you plan for unfortunate events such as a serious injury or illness. With a durable power of attorney form you can appoint someone to legally act on your behalf, which is called a "agent" or "attorney-in-fact". On the form you can limit your agent to act on your behalf for a limited or very specific task or event. You could appoint a family member, advisor, or a trustworthy friend or institution like a bank.
Do Not Wait Until It Is Too Late! Set up a Durable Power of Attorney While You Still Can
By: Nicholas Giuditta | 18/05/2008 | Law
A durable power of attorney is a legal document that you should set up long before you ever need it. In it you empower an individual to act on your behalf during your lifetime. Concerned with financial and personal matters, the durable power of attorney takes effect regardless of your mental condition.
When Is It Appropriate To Have A Power Of Attorney?
By: Wade Anderson | 16/07/2006 | Law
Whenever you need to grant another entity or individual certain rights and privileges to act on your behalf it is imperative to execute a written power of attorney...not doing so could be disastrous.
Estate Planning
By: James Monahan | 03/12/2005 | Law
An estate consists of all the property you own or control. There are two kinds of property - the real property and personal property.
Got a Question? Ask.
Ask the community a question about this article:
Frequently Asked Questions
Golden key benifit
By: captdj | 21-07-2008
is there such a benifit as the golden key for retired federal law enforcement officers?
Power of attorney
By: Susan Smith | 20-07-2008
When does a power of attorney document expire?
i would like to know, if 'booth memorial ...
By: Antiquestuff | 20-07-2008
i would like to know, if 'booth memorial hospitial' queens n. y.
setteled a case by the name of estate of joseph mandracchia, or cathrine florio as execuator of joseph mandracchia, please respond to Lbe826@aol.com,,,,,,,,,,,,,,THANK YOU ...........
Law: Is This Considered Fraud?
By: ginger-cat | 20-07-2008
My brother recently sold his house and moved to who-knows-where. Now, due to mail I've received, I find that he has given several agencies (Dept. of Motor Vehicles, utilities, insurance co.) MY address as his new address. The local post office verified that he did not submit change of address to MY address, so he has contacted the agencies directly and given them this info. Isn't this a form of fraud? (I have documented everything, and contacted all the agencies involved.)
Noise nussance
By: Bob | 20-07-2008
I am a property owner in the state of NH my property is ajencent to a state trail Over the last few years it has become a nusance , excessive noise and dust at all hours I have contacted the NH fish and game to no avail "they are aware of the problem" Local police will respond BUT it is a constant problem as to where I can not even be in the house with windows closed without excessive noise levels, it is adversley afecting my property value even if I could think about selling in theis market. What are my options ? I have spoken with other residents abutters and non abutteres everyone is haveing a problem here Do I have a resonable expectation of home enjoiemnt under the law and whose reponsibitly is it to put an end to this ?
Workmans Comp.
By: stan | 20-07-2008
When figuring the statute of limitation for filing a workmens comp. claim in Illinois, does the law count payment of the last bill or last T.D.D. payment?
Q&A Powered by:
Latest Law Articles
Who Decides On Non Criminal Responsibility
By: Catherine Harvey | 26/07/2008
A look at how personal injury claims are decided on throught he courts and what place injury lawyers have in it all.
Your Debt Repayment Rights
By: Art Gib | 25/07/2008
Following an era of indulgence and over spending, America is right now embroiled in a credit mess with thousands of people in over their heads in consumer debt. The following discusses the limitations of debt recovery agencies when striving to collect debts from you.
Views on Nanny Cams - Disclosure, Legality and Ethics
By: Nahshon Roberts | 25/07/2008
Nanny cams have become so much a part of our culture. It will not come as a surprise to you if almost every parent you know who has a nanny, or who have hired nannies in the past 2 years, have installed nanny cams. Before you purchase and...
Estate Plan: Medical Power Of Attorney
By: Mike Trudeau | 25/07/2008
Medical Power of Attorney
Setting up a medical power of attorney along with a living will is an extremely important step in the estate planning process. A medical power of attorney or a living will describes the type of health procedures that can or cannot be done on us, should it...
Drafting Enforceable Letters of Credit
By: Ryan Azevedo | 25/07/2008
Letters of Credit are incredibly useful and sometimes necessary tools in the course of international trade. They essentially serve to notify a seller of goods that a buyer has a line of credit with a credible financial institution. This allows the seller to feel more assured that in the event...
Criminal Records Online: Where to Find Them for Free
By: Chad Kiser | 24/07/2008
In any thorough investigation about a person's background, verification of records of criminal activity, if any, is part of the modus operandi. The highly computerized environment of the present Information Age makes such inquiries both expedient and comprehensive with online criminal records.
History of Counterfeit Money
By: Amy Nutt | 24/07/2008
Counterfeit money actually has a very long history, which means the concept is not really all that new. Currency has been around for a long time and with currency comes greed. They say that money is the root of all evil and counterfeiting is definitely not an exception.
How to Get a Fair Insurance Settlement
By: Mark Decherd | 24/07/2008
No matter what has damaged your home, if it's covered by your insurance policy, you can rest easy knowing that it will be taken care of - or can you?
More from Nicholas Copernicus
What is a Personal Bankruptcy?
By: Nicholas Copernicus | 25/07/2008 | National, State, Local
A personal bankruptcy is a form that when filed will discharge obligations to creditors. Bankruptcy forms can be located online or an attorney can prepare one for you.
Purpose of Prenuptial Agreements
By: Nicholas Copernicus | 25/07/2008 | National, State, Local
Prenuptial agreements are forms that act as a practical solution for dealing with the topic of how finances will be handled in a marriage. Although these forms are critical in preventing financial inequality, popping the question of using a prenuptial agreement is often times considered unromantic.
Preparing a Bill of Sale for a Used Car
By: Nicholas Copernicus | 20/07/2008 | National, State, Local
Preparing a bill of sale for a used car is a professional, organized way to sell a vehicle. Mike Meredith of MSN autos even believes by using one it will help to "maximize the dollars that you put into your pocket".
What is a Partnership Agreement?
By: Nicholas Copernicus | 12/07/2008 | National, State, Local
A partnership agreement is a legal document, which outlines and governs how a partnership will be managed. Having one will prevent any disagreements later on down the road by clearly outlining each person's responsibilities and objectives.
Information About Prenuptial Agreements
By: Nicholas Copernicus | 09/07/2008 | National, State, Local
A prenuptial agreement is basically a legal contract where the couple will agree to who will own what when married. Having a prenup will prevent a contested divorce.
What is a Uncontested Divorce?
By: Nicholas Copernicus | 04/07/2008 | National, State, Local
A uncontested divorce is a simple and inexpensive way that most people divorce. It gives you and your spouse the chance to agree upon the terms of the divorce so that you can end your marriage quietly and with dignity.
How to Make an Auto Bill of Sale
By: Nicholas Copernicus | 10/06/2008 | National, State, Local
An auto bill of sale is a simple form used to document the sale of a vehicle. It's always a good idea to create a bill of sale for your records even if your local DMV doesn't require it to transfer the title. This is because it's a legal agreement and can be enforced if the sale is disputed afterwards. It also can be used to prove the date that ownership of the vehicle was transferred.
How to Get a Durable Power of Attorney
By: Nicholas Copernicus | 25/05/2008 | Health and Safety
A durable power of attorney is a form that is used as a legal way to appoint some one to act on your behalf if you become incapacitated. To get one you can go down to your county's courthouse and pay a 'print fee' for a copy for one. An even easier way to get one though is by going online and finding a durable POA form you can fill out at home on your PC then print out yourself; theirs many sites out there that offer these kind of fillable forms.