Powers of Attorney, Health Care Proxies, and Living Wills

Question 1

What is a power of attorney?

Answer 1

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

Question 2

What is a non-durable power of attorney?

Answer 2

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.

Question 3

What is a durable power of attorney

Answer 3

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

Question 4

What is a health care proxy?

Answer 4

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

Question 5

When does a health care proxy become effective?

Answer 5

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

Question 6

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

Answer 6

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.

Question 7

What is a living will?

Answer 7

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

Question 8

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

Answer 8

Yes.