13. Durable Healthcare Power of Attorney

Question 1

What is required for durable healthcare power of attorney?

Answer 1

1) Writing
2) Signed by Principal/Another (in P’s direction + presence)
3) Capacity

4) Witnessed by 2 witnesses
- NOT designated agent (most states)
- Designated agent (Family consent statute)
- NO Ws (Uniform Health Care Decisions Act)

5) Principal becomes incapacitated => PoA effective

Question 2

What is durable healthcare power of attorney?

Answer 2

Agent is appointed to make healthcare decisions on Principal’s behalf (who is incompetent)

Question 3

What is required for appointment of agent?

Answer 3

1) Act in good faith
- Act according to PoA/P’s discretion/P’s best interests
- Otherwise subject to civil/criminal liability/discipline

2) Not owner/operator/employee of Principal’s healthcare provider
- Related to Principal

Question 4

How may power of attorney be revoked?

Answer 4

Notice to Agent/P’s healthcare provider (oral/written)

Subsequent instrument

Physical act