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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
A surrogate decision-maker, or durable power of attorney for health care (DPA/HC), must be documented. A common form that is valid in 40 states is Five Wishes. [4] [5] When filing an advance directive, an alternate health care agent should be identified. The surrogate decision maker must be a trusted individual that is able to make crucial ...
A general power of attorney is one that allows the agent to make all personal and business decisions [9] [10] A temporary power of attorney is one with a limited time frame. [11] If ever required, a durable power of attorney can be revoked or changed as long as the principal is still mentally competent to act.
In the United States, all states recognize some form of living wills or the designation of a health care proxy. [86] The term living will is not officially recognized under California law, but an advance health care directive or durable power of attorney may be used for the same purpose as a living will. [87]
Uniform Durable Power of Attorney Act: 1979, 1987 Uniform Electronic Transactions Act: 1999 Uniform Emergency Volunteer Health Practitioners Act (UEVHPA) [1] 2006 Uniform Employment Termination Act: 1991 Uniform Enforcement of Foreign Judgments Act: 1964 Uniform Environmental Covenants Act: 2003 Uniform Estate Tax Apportionment Act: 1958, 1982
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.
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