Powers of Attorney, Health Care Proxies and Living Wills

Question 1

General Def: Powers of Attorney

Answer 1

A power of attorney is a written authorization for an agent (known as an “attorney-in-fact”) to act on behalf of the grantor of the power. They may be general or specific, with as many variations as the drafter of the power wishes to contrive under the circumstances

Question 2

Def: Non-Durable Powers of Attorney

Answer 2

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

Question 3

Def: Durable Powers of Attorney

Answer 3

A power of attorney that extends beyond the grantor’s incapacity unless it has specific language that it is terminated by the grantor’s incapacity.

Question 4

Health Care Proxies

Answer 4

• A health care proxy is a type of durable power of attorney that appoints an agent to make health care decisions on behalf of the grantor.
• It does not become effective until the the grantor becomes incapacitated, and it remains effective despite the incapacity.
• A health care proxy MUST be: (1) in WRITING; (2) SIGNED by the grantor or another at his direction; and (3) WITNESSED by at least two adults. The health care proxy must state that the grantor appeared to execute the proxy free from duress

Question 5

Living Wills

Answer 5

A Living Will generally states an individual’s desires, should he become terminally ill or be in a persistent vegatative state, regarding whether to administer, withhold or withdraw:

(1) life sustaining procedures;
(2) artificial nutritution or hydration; and
(3) treatment to alleviate pain.

The NY Court of Appeals has held that a patient’s right to decline treatment is guaranteed by the common law.