What is Durable Power of Attorney?

A power of attorney is an authorization from someone to act on their behalf with business or legal matters. The person that gives this power is known as the donor or grantor of power. The person receiving the power is the agent or attorney-in-fact. The court requires in some situations that a power of attorney be in writing. In some cases, the oral agreement will hold up in court.

Many institutions like banks, hospitals, and the Internal Revenue Service require the power of attorney to be in writing. Also, these institutions will often keep a copy for their records. The Durable Power of Attorney is also known as the Health Care Power of Attorney. This advance directive gives the agent the power to make important health care decisions for the donor or grantor of power. This power can include terminating care and ending life support for a patient. Some of the health care decisions include the power to give consent, the power to withdraw consent, or refuse consent .
In contrast, a living will does not give someone the authority to make healthcare decisions. The living will states the person's medical and personal wishes; however, there is no authority figure appointed to make actual decisions. Furthermore, mentally ill patients can have a PAD prepared. The PAD gives an agent the power to make decisions before the person becomes totally incapacitated by mental illness. This is good in cases of recurring mental illness.

The Durable Power of Attorney is an important document. This document makes the illness of a loved one easier to handle because the wishes of the person can be enacted. During serious illness, things can become emotional, and family members can get into conflict over medical decisions. The Durable Power of Attorney eliminates this turmoil. The courts will honor this advance directive, and it overrides any other decisions that family members may try to make.

Some states allow persons to get a s pringing power of attorney. This power of attorney goes into effect when the grantor becomes incapacitated or some other event happens. After the incapacitation, the power of attorney has powers of the Durable Power of Attorney. The agent can not act before the incapacitation happens. This can eliminate family members making decisions prior to this point.

Privacy laws in the U.S. do not allow the medical doctor to reveal the details of the advance directive. There is a process of deciding the extent of the incapacitation. This is used to determine if the Durable Power of Attorney or Springing Power of Attorney can take effect. A Durable Power of Attorney can be made irrevocable, but if the document does not state this, the Power of Attorney can be revoked at any time by the donor.

The information above is not legal advice. An attorney should be consulted for specific legal advice.

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