Health Care and the Power of Attorney

What is a Power of Attorney for Health Care?

            A Durable Power of Attorney for Health Care (sometimes called an “Advance Directive”) is a document whereby a person designates another to be able to make health care decisions if he or she is unable to make those decisions for him- or herself. A Power of Attorney can be drafted to give these same powers so there is not much difference. However, a Durable Power of Attorney for Health Care is totally dedicated to health care whereas the Power of Attorney can be much more comprehensive.

            Because the statutes creating the Durable Power of Attorney for Health Care are more detailed about health care than the Power of Attorney statutes, it is best that the Durable Power of Attorney for Health Care be used. Specificity is important so that the medical profession feels comfortable in honoring the health care attorney-in-fact’s decisions. If you foresee making health care decisions for the principal of your Power of Attorney, you should consult your attorney.

What is the relationship between a Living Will and a Power of Attorney?

            A Living Will reflects a person’s own wishes as to the termination of medical procedures when they are diagnosed as terminally ill or in an irreversible coma. A living will and a health care power of attorney are termed “advance health care directives” because we make them in advance of incapacity. If a person becomes unable to understand or unable to communicate with his or her doctors, the person’s Living Will is a legally enforceable method making sure his or her wishes are still honored.

            Whether or not a person has a Living Will, the person’s attorney-in-fact may make health care decisions if the Power of Attorney specifically gives this right and some very exact requirements relating to the manner of execution of the Power of Attorney are followed. For this and other reasons, the principal should execute a separate advance directive called a “Durable Power of Attorney for Health Care.”

To learn more about estate planning and elder law, visit Estate and Elder Planning by David Wingate at www.davidwingate.com. For an Initial Consultation, call (301) 663-9230. We can assist you with powers of attorneys, living wills, wills, trusts, Medicaid planning, and asset protection. With office locations in Frederick, Washington, and Montgomery Counties, Maryland, we are here to provide you with peace of mind.

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