Advance Healthcare Directives

Question 1

durable healthcare power of attorney

Answer 1

appoints an agent to make healthcare decisions on behalf of the principal and does not become effective until the principal becomes incapacitated

Question 2

Most states require that living wills and durable healthcare powers be:

Answer 2

(i) in writing
(ii) signed by testator another at his direction
(iii) witnessed by two adult witnesses (most states provide agent can’t be witness; some states don’t require any witnesses for a durable healthcare power)

Question 3

Even when a durable healthcare power is not properly witnessed, the agent may have authority to act

Answer 3

under a state’s “family consent” statute which permit a close family member to act as a surrogate decisionmaker for a person who has not properly designated an agent under the state’s durable healthcare power statute.