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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]
Certain types of POAs, such as medical powers of attorney, can be created as soon as you turn 18 and your parents or guardians no longer have the power to make health care decisions for you.
Estate planning may involve a will, trusts, beneficiary designations, powers of appointment, property ownership (for example, joint tenancy with rights of survivorship, tenancy in common, tenancy by the entirety), gifts, and powers of attorney (specifically a durable financial power of attorney and a durable medical power of attorney).
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 ...
Advance directives were created in response to the increasing sophistication and prevalence of medical technology. [3] [4] Numerous studies have documented critical deficits in the medical care of the dying; it has been found to be unnecessarily prolonged, [5] painful, [6] expensive, [7] [8] and emotionally burdensome to both patients and their families.
This type of guardianship in Korea gives near total power over the ward to the Adult Guardian. Limited guardian (한정후견인): A person may also be designated as a "special guardian", entrusted with restricted authority over the ward's interests. For example, a special guardian may be granted the legal authority in Korea to decide how to ...
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