Durable Power of Attorney

What is a Durable Power of Attorney?

In estate planning, a durable power of attorney is often chosen as a way to plan for those times when you are incapacitated.

It is a written document that remains valid even if you should later become unable to make your own decisions.

With a durable power of attorney, you are able to appoint an agent to manage your financial affairs, make health care decisions, or conduct other business for you during your incapacitation.

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Durable Power of Attorney for Health Care

The durable power of attorney for health care is a limited durable power of attorney created only for the purpose of making health care decisions.

The durable power of attorney for health care can do everything that a living will do. In addition, it gives your agent the power to actively remind your physician of your wishes. Your agent will make all of your health care decisions in the event you become incapacitated. The agent must follow your wishes and must consider your physician’s recommendations. Any decision must also be within the range of accepted medical practice.

Part of creating a durable power of attorney for health care is choosing an agent. The agent is the person that you assign to make health care decisions for you. You need to think carefully about who knows you best, and who will be able to speak on your behalf regarding your health care matters. You should also consider where the person lives and whether that person could be present when health care decisions need to be made.

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