Powers of Attorney Flashcards
1
Q
What must a power of attorney need to be valid?
A
- in writing and signed and dated
2
Q
What are the three types of powers of attorney?
A
General
-Covers all affairs during a persons period of incapacitation.
Special
-Limits to specific subject matters.
Advance Health Care Directives
- Living Will (what care a person wants if they cant express wishes themselves)
- Durable power of attorney for health care (appoints agent, to make medical decisions)
3
Q
What is the rule for civil liability and Healthcare POAs?
A
The typical durable healthcare POA statute shields the agent from civil liability for healthcare decisions that are made in good faith.
Agents act within the scope of the statute when they act pursuant to a properly executed durable healthcare power of attorney.
In general, an agent is held responsible only for intentional misconduct.
