Durable Power of Attorney
A power of attorney is a document in which a person gives another person the legal authority to act for him or her. That person is called an “attorney in fact” or an “agent,” and the person signing the Durable Power of Attorney is called the “principal.” A person could name a spouse, adult son or daughter, relative, or trusted friend as their agent. The actions of the agent are legally considered to be the principal’s actions. The agent can be given broad power of attorney to make decisions and handle all aspects of the principal’s affairs, or limited power to act on their behalf in certain instances only.
Most people are not aware that a simple power of attorney is revoked, and the agent’s power to act as principal ends, if the principal becomes incapacitated. With a durable power of attorney, an agent may continue to act on the principal’s behalf even after the principal becomes incapacitated. If the power of attorney so provides, the agent can use the principal’s funds to pay bills, contract for hospice services for the patient’s care, and take care of other needs. An attorney can help your loved one prepare a durable power of attorney under the laws of his or her state.
A durable power of attorney for health care, also known as the health care agent or proxy, is an individual appointed by your loved one to make decisions about his or her medical care if he or she becomes unconscious or can no longer speak for himself or herself. A health care agent can be assigned as part of the advance medical directive form.
Advance Medical Directive
An advance medical directive informs a person’s physician and family members what kind of care he or she wishes to receive in the event that he or she can no longer make his or her own medical decisions. Your doctor or hospital may have a form complying with the laws of your state that you can complete.
Living Will
A living will is a type of advance medical directive that outlines what kind of medical treatment you want in certain situations. It only comes into effect if the person is diagnosed with a terminal illness and has less than six months to live, or if the person is in a persistent vegetative state. A living will does not, however, allow you to name someone to make decisions on your behalf.
Do-Not-Resuscitate Order
A do-not-resuscitate order (DNR) is a signed order directing that no cardiopulmonary resuscitative efforts (efforts to start the heart after it has stopped) are to be undertaken in the event that the person’s heart stops beating or he or she stops breathing. A DNR can be part of an advance directive.
Last Will and Testament
A last will and testament is a statement of what a person wants done with their estate after their death. It names the “executor” of the estate, or the person responsible for ensuring that these wishes are carried out and for concluding the affairs of the estate. It also names those people who are to receive the assets of the estate. If a person dies without a will that is valid under the laws of their state, their estate will be divided according to state law, typically to the spouse and/or children of the deceased.
mesotheliomanews.com
mesothelioma
news
