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If there is a durable power of attorney for health care, the agent appointed by that document is authorized to make health care decisions within the scope of authority granted by the document. If people have court-appointed guardians with authority to make health care decisions, the guardian is the authorized surrogate. [1]
A medical power of attorney gives the attorney-in-fact the authority to make health-related decisions in the event of the principal's incapacitation. For instance, you might give your spouse, an ...
Related to the health care power of attorney is a separate document known as an advance health care directive, also called a "living will". A living will is a written statement of a person's health care and medical wishes but does not appoint another person to make health care decisions. Depending upon the jurisdiction, a health care power of ...
Moreover, in legal-administrative functions, the healthcare proxy is a legal instrument akin to a "springing" healthcare power of attorney. The proxy must declare the healthcare agent who will gain durable power attorney. This document also notifies of the authority given from the principal to the agent and states the limitations of this authority.
As a result, health care organizations make available a "Combined Living Will & Health Care Power of Attorney Example Form from Pennsylvania Act 169 of 2006." Several states offer living will "registries" where citizens can file their living will so that they are more easily and readily accessible by doctors and other health care providers.
The UPOAA was designed to correct shortcomings of both the Uniform Probate Code and the Durable Power of Attorney by superseding them both. It consisted of four distinct articles: [5] The general rules governing the "creation and use" of power of attorney; The definitions used by the UPOAA; An optional form for use in granting power of attorney