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What forms other then Durable Power of Attorney gives someone permission to make medical decisions?
A Medical POA can be executed that grants the authority to make medical decisions only. In most states a person can name a Health Care Proxy, in writing, and that person can make medical decisions only if and when the principal becomes incapacitated as certified by a doctor. A Living Will can direct what type of medical treatment is desired when the patient can no longer make decisions consciously. These are all forms of Advance Medical Directives and should be discussed with an attorney or other legal advocate before any is executed. They do not give the named representative any authority over the principal's property or estate. See the related question link and other links below for additional information.
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What is the purpose of a durable medical power of attorney?
The purpose of the durable medical power of attorney is to name another person to make medical decisions on your behalf.
Can the durable power of attorney rule over medical power of attorney?
No. You will find that they are regarded entirely differently. The decisions of the holder of a durable POA will not be accepted or acted upon by the medical community. A specific medical POA must be granted for medical and end-of-life issues.Another PerspectiveSome Durable Power of Attorney documents can be drafted to include broad powers including including the power to make medical decisions. An example from Alabama is provided in the link below. If a person executes both a Durable POA and a Medical POA they should make certain the powers do not overlap so as to cause a problem when medical decisions must be made on behalf of the principal.
Does a durable power of attorney cover medical and financial issues?
Durable power of attorney ONLY cover financial decision making. A medical power of attorney covers medical decision-making.
If you do not have a health care proxy who makes medical decisions?
You need a Medical Durable Power of Attorney. *I am not a lawyer. This is not legal advice. Please consult with a professional before taking action.*
Can a durable power of attorney for medical care have the patient admitted for alcohol rehabilitation?
You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.You need to consult with an attorney. A medical power of attorney generally gives the authority to make medical decisions in acute medical situations when the patient is not capable of making those decisions. Especially end of life decisions. You may need a legal guardianship to take the type of action you suggest in your question.
Does a Florida medical poa need to be notarized?
In the state of Florida both durable and non-durable power of attorney needs to be notarized. This does in fact include the medical power of attorney.
Are both medical power of attorney and durable power of attorney both necessary?
A Medical Power of Attorney is for medical purposes only. It allows a competent adult to choose someone who can make medical decisions for them if they should become unable to make those decisions on their own behalf. The principal can choose to be specific as to what treatment the principal does and does not want, or, can leave those decisions up to the Medical Attorney-in-Fact. The Medical AIF will have the authority to sign documents when a physician has deemed the principal to be incompetent. A Durable Power of Attorney is another type of authority whereby a principal grants the power to act on their behalf to access bank accounts, pay bills, or sign any legal documents on behalf of the principal. Authority over medical treatment can also be granted with a Durable POA. There are various schemes that could be chosen. You could have the same person(s) serving in both capacities or name two separate agents. Since the powers under a Durable POA may overlap with those under a Medical POA the principal must decide who will have the authority over medical matters and make instructions to that effect clear in the two POAs IF two separate individuals will be chosen. You should seek the advice of an attorney who can review your situation, explain your options under your state laws and draft instruments that meet your needs.
What document is similar to a living will?
the durable medical power of attorney
If parents are not married does the child have more right to make medical decisions for one of them than the other parent?
The answer is no. The child would need a Durable Power of Attorney or qualified health proxy to make legal medical decisions for either parent. The child would need to be at least eighteen years of age to qualify as an attorney in fact.
Is there a such thing as legal medical custody?
That is not what it is called but there are several different ways a person can have the legal authority to make medical decisions for another person. A person can grant it by using a durable power of attorney or a medical power of attorney. It can also be done through a health proxy. All would become operative if the principal becomes incapacitated and unable to make decisions on their own.If an individual becomes incapacitated and has not already executed one of the above, an interested party can petition the probate court to be appointed their legal guardian. A legal guardian can make medical decisions on behalf of the ward.You should consult with an attorney who can review your situation and explain your options.That is not what it is called but there are several different ways a person can have the legal authority to make medical decisions for another person. A person can grant it by using a durable power of attorney or a medical power of attorney. It can also be done through a health proxy. All would become operative if the principal becomes incapacitated and unable to make decisions on their own.If an individual becomes incapacitated and has not already executed one of the above, an interested party can petition the probate court to be appointed their legal guardian. A legal guardian can make medical decisions on behalf of the ward.You should consult with an attorney who can review your situation and explain your options.That is not what it is called but there are several different ways a person can have the legal authority to make medical decisions for another person. A person can grant it by using a durable power of attorney or a medical power of attorney. It can also be done through a health proxy. All would become operative if the principal becomes incapacitated and unable to make decisions on their own.If an individual becomes incapacitated and has not already executed one of the above, an interested party can petition the probate court to be appointed their legal guardian. A legal guardian can make medical decisions on behalf of the ward.You should consult with an attorney who can review your situation and explain your options.That is not what it is called but there are several different ways a person can have the legal authority to make medical decisions for another person. A person can grant it by using a durable power of attorney or a medical power of attorney. It can also be done through a health proxy. All would become operative if the principal becomes incapacitated and unable to make decisions on their own.If an individual becomes incapacitated and has not already executed one of the above, an interested party can petition the probate court to be appointed their legal guardian. A legal guardian can make medical decisions on behalf of the ward.You should consult with an attorney who can review your situation and explain your options.
What are two types of advance directives?
Two types of advance directives are a living will, which specifies the medical treatment a person wants to receive if they become incapacitated, and a durable power of attorney for health care, where a person designates someone to make medical decisions on their behalf.
What is the difference between durable Power of attorney then power of attorney?
A general (or limited or specific) power of attorney gives the attorney in fact the power to handle the financial affairs (but not medical decisions for) of the grantor. A medical (or health-care) power of attorney gives the attorney in fact the power to make medical decisions for (but not handle the financial affairs) of the grantor. The word "durable" on any power of attorney means that the power of attorney will not become invalid if the grantor is mentally or physcially incapacitated. Although a medical power of attorney is also usually durable (since it would most often be needed when the grantor is incapacitated) the phrase "durable power of attorney" usually is used to describe a financial rather than a medical POA.
