Power Of Attorney Basics - Part II
This is the 2nd part of a two part series explaining the needs and requirements of the power of attorney. You can read the first part here - Power Of Attorney Basics - Part I.
Who can be an agent?
Anyone, other than the following, may act as an agent: the principal’s health care provider, an employee of the health care provider, an employee of the health care provider, unless the person is a relative of the principal, the principal’s residential care provider, or an employee of the principal’s residential care provider unless the person is the principals’’ relative.
How can Medical Power of Attorney Be Obtained?
Anyone interested in obtaining a Medical Power of Attorney should contact their local hospital, long term care facility, physician, attorney, or state organization. Witnesses are required to sign the Medical Power of attorney, and at least one of the witnesses must be designated by the principal to make a health care decision on the principal’s behalf, related to the principal by blood or marriage, the principal’s attending physician or the employee of the attending physician, entitled to a part of the principal’s estate, an employee of a health care facility in which the principal is the patient if the employee is providing direct care to the principal or an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.
What Is The Difference Between A Medical Power Of Attorney And A Directive To Physicians? A Health Care Directive is a document that has a limited scope, since it addresses only the withholding or the withdrawing of medical treatment for those persons having a terminal or irreversible condition. The Medical Power of Attorney does not require that the principal in a terminal or irreversible condition before the principal’s agent can make health care decisions on the principal’s behalf.
Is A Lawyer Required To Execute A Medical Power of Attorney?
A lawyer is not necessary, but recommended. Once a power of attorney has been drawn up, the principal’s physician, health, or residential care provider is required to follow the directive of the principal’s agent to the extent that it is consistent with the wishes of the principal, the limitations of the law, and the Medical Power of Attorney. This is why consulting a lawyer is an important step to consider, since this person will be able to help you with the legal language, applicable laws and provisions, and wording of your Medical Power Of Attorney.