Powers of Attorney, Health Care Proxies, and Living Wills Flashcards
What is a power of attorney?
Written authorization for an agent to act on behalf of the grantor. Agent = attorney-in-fact
What is a non-durable power of attorney?
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.
What is a durable power of attorney
It is a power of attorney that extends beyond the grantor’s incapacity - unless it has specific language that terminates POA by incapacity.
What is a health care proxy?
A health care proxy is a power of attorney - an agent is appointed to make health care decisions on behalf of the grantor.
When does a health care proxy become effective?
Only when grantor becomes incapacitated. It remains in effect despite the incapacity.
What are the formal requirements to create a health care proxy?
- in writing
- signed by the grantor or another at grantor’s direction
- witnessed by at least 2 adults
- states that grantor was not under duress to execute the proxy.
What is a living will?
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
Is a patient’s right to decline treatment guaranteed by law in NY?
Yes.