Powers of Attorney, Health Care Proxies, and Living Wills Flashcards

1
Q

What is a power of attorney?

A

Written authorization for an agent to act on behalf of the grantor. Agent = attorney-in-fact

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2
Q

What is a non-durable power of attorney?

A

It is a power of attorney revoked by operation of law - either by the grantor’s death or incapacity. The power of attorney remains valid until notice of death or disability is received by the attorney-in-fact.

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3
Q

What is a durable power of attorney

A

It is a power of attorney that extends beyond the grantor’s incapacity - unless it has specific language that terminates POA by incapacity.

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4
Q

What is a health care proxy?

A

A health care proxy is a power of attorney - an agent is appointed to make health care decisions on behalf of the grantor.

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5
Q

When does a health care proxy become effective?

A

Only when grantor becomes incapacitated. It remains in effect despite the incapacity.

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6
Q

What are the formal requirements to create a health care proxy?

A
  1. in writing
  2. signed by the grantor or another at grantor’s direction
  3. witnessed by at least 2 adults
  4. states that grantor was not under duress to execute the proxy.
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7
Q

What is a living will?

A

It is a document that generally states the individual’s desires, should he become terminally ill or in a persistent vegetative state, whether to administer, withhold, or withdraw:

  • life sustaining procedures
  • artificial nutrition or hydration
  • treatment to alleviate pain
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8
Q

Is a patient’s right to decline treatment guaranteed by law in NY?

A

Yes.

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