durable power of attorney


Also found in: Dictionary, Thesaurus, Legal, Financial, Acronyms, Encyclopedia.
Related to durable power of attorney: Durable Power of Attorney for Health Care

durable power of attorney

(dūr'ă-bĕl pow'ĕr ă-tŏr-nē),
A legally qualified advance directive that gives one other person, and often an alternate as well, the authority to make medical decisions should the person signing the advance directive become incompetent and require medical care.

durable power of attorney

Continuing power of attorney Death & health care An 'advance directive' document that allows Pts to appoint a surrogate decision-maker to implement preferences for continued life support in the event of incapacitation. See Advance directive, Euthanasia, Living will.

ad·vance di·rec·tive

(ăd-vans' dĭr-ek'tiv)
A legal document with written instructions signed by the patient (or the patient's designee if the patient cannot sign) stating the type of care measures and services that are or are not to be provided to prolong life in the event of a life-threatening illness.
Synonym(s): durable power of attorney (1) .

liv·ing will

(liv'ing wil)
Legal document used to indicate one's preference to die rather than be sustained artificially if sick or injured beyond the prospect of recovery.
See: advance directive
Synonym(s): durable power of attorney (2) .
References in periodicals archive ?
(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.
(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.