(69) The revision reallocated power and placed "[a]n attorney in fact designated in a durable power of attorney
wherein the deceased specifically granted the right of sepulcher over his or her body or to such an attorney in fact ..." at the top of the hierarchy.
commit fraud, (158) recording the durable power of attorney
(3) The durable power of attorney
is discussed on page 411.
"A durable power of attorney
is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,' or 'This power of attorney shall become effective upon the disability or incapacity of the principal,' or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument."
He continues: "A durable power of attorney
for health care is necessary to carry out your health care wishes in the event you are unable to speak, 2write, or think clearly.
The Durable Power of Attorney
for Healthcare (DPOA-HC) is a state-specific legal document that complements a state's Surrogate Act.
Despite recent coverage in FAMILY PRACTICE NEWS, there is growing evidence that the presence of a durable power of attorney
for health care, or advance directive, is in the best interest of optimal care ("Advance Directives Not a Substitute for a Doctor at Bedside," June 1.
J., PhD., a bioethicist, recently stated that in the last few years the Mercy Health System in Philadelphia has been confronted with more and more "elderly and homeless persons who have no family or durable power of attorney
for health care and have medical conditions that require mechanical ventilation, artificial nutrition, and hydration by percutaneous endoscopic gastrostomy (a procedure wherein a tube is introduced into the stomach), intravenous antibiotics, various medications, and other similar treatments.
The size of your estate aside, you must have four key documents: a will, a durable power of attorney
, a living will, and a medical power of attorney.
2) Section 709.08(7)(a), which provides that "[e]xcept as otherwise limited by this section, by other applicable law, or by the durable power of attorney
, the attorney in fact has full authority to perform, without court approval, every act authorized and specifically enumerated in the durable power of attorney
We recommend that the designation of a HIPAA personal representative be included in your durable power of attorney
. By so doing, your doctor may discuss your medical information with the person you named, even if you are not disabled.
If you draw up a durable power of attorney
only with your lawyer, it's like having marriage counseling with your banker.