People naturally want to maintain control over decisions relating to health care. In some instances, people reach a juncture at which they are unable to actively make these decisions on their own. They must rely on others to act on their behalf.
A durable medical power of attorney is the key instrument to ensure that a person’s health care directives are followed. Adults of all ages, and from all walks of life, are encouraged to create a durable medical power of attorney. There are a number of factors that a person must bear in mind when contemplating the creation of a durable medical power of attorney.
The Importance of Durability
In order for a medical power of attorney to benefit a person who is not able to make medical decisions, it must be what the law calls durable. In other words, a durable power of attorney extends into a situation in which a person is not able to make decisions. If no durability provision exists, a power of attorney is rendered ineffective when the maker of the instrument becomes incompetent or unable to make decisions for some reason.
A Proper Instrument
A durable medical power of attorney must comply with the laws of the state in which it is created. There is a good deal of uniformity in the laws pertaining to durable medical power of attorneys.
Hospitals and medical centers, as well as churches and religious organizations, tend to be resources for standard-form durable medical powers of attorney. In addition, lawyers who practice in the area of estate and probate law are versed at creating these instruments. In fact, in order to ensure that a durable medical power of attorney is a valid and effective instrument, seeking assistance from a lawyer is a sound course to take.
Executing a Durable Medical Power of Attorney
A durable medical power of attorney must be executed properly in order to take effect. This includes being signed in front of a notary public. An attorney can assist in ensuring that this type of power of attorney properly is executed.
Saving the Instrument
The individual designated as the agent-in-fact in a durable power of attorney must have the original of the instrument. Health care providers typically require the original instrument to be presented to confirm that an individual truly is authorized to make medical decisions on the behalf of the person who created the durable medical power of attorney.
Properly creating a durable medical power of attorney ensures that a person’s healthcare directives are carried out. The failure to take the proper steps can result in a person’s healthcare related desires not being considered.