{"id":383,"date":"2018-02-15T21:06:41","date_gmt":"2018-02-15T21:06:41","guid":{"rendered":"https:\/\/duneganlaw.com\/?p=383"},"modified":"2018-06-27T02:39:35","modified_gmt":"2018-06-27T02:39:35","slug":"health-care-and-the-power-of-attorney","status":"publish","type":"post","link":"https:\/\/www.duneganlaw.com\/2018\/02\/15\/health-care-and-the-power-of-attorney\/","title":{"rendered":"Health Care And The Power Of Attorney"},"content":{"rendered":"<p><em>What is the relationship between a Declaration of Living Will and Power of Attorney?<\/em><\/p>\n<p><em>\u00a0<\/em><\/p>\n<p>A Declaration of Living Will specifies a person\u2019s wishes as to the provision or termination of medical procedures when the person is diagnosed with a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A living will and a health care surrogate destination are termed \u201chealth care advance directives\u201d because they are made in advance of incapacity and need. If a person is unable to understand or unable to communicate with a doctor, a living will is a legally enforceable method of making sure the person\u2019s wishes are honored. Even if a person has a living will, a person\u2019s agent may make health care decisions if the Durable Power of Attorney specially gives this right.<\/p>\n<p>&nbsp;<\/p>\n<p><em>What is a Health Care Surrogate Designation and how does it differ from a Power of Attorney?<\/em><\/p>\n<p><strong><em>\u00a0<\/em><\/strong><\/p>\n<p>A Health Care Surrogate Designation is a document in which the principal designates someone else to make health care decisions if the principal is unable to make those decisions. Unlike a Power of Attorney, a health care surrogate decision-maker has no authority to act until such time as the attending physician has determined the principal lacks the capacity to make informed health care decisions. (In instances where the attending physician has a question as to whether the principal lacks capacity, a second physician must agree with the attending physician\u2019s conclusion that the principal lacks the capacity to make medical decisions before a surrogate decision maker\u2019s authority is commenced.) Many medical providers prefer a designation of health care surrogate for health care decisions because the document is limited to health care. However, a Durable Power of Attorney specifically for health care may enable the agent to assist the principal in health care decisions even though the principal may not completely lack capacity.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>What is the relationship between a Declaration of Living Will and Power of Attorney? \u00a0 A Declaration of Living Will specifies a person\u2019s wishes as to the provision or termination of medical procedures when the person is diagnosed with a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A living [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,10],"tags":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.duneganlaw.com\/wp-json\/wp\/v2\/posts\/383"}],"collection":[{"href":"https:\/\/www.duneganlaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.duneganlaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.duneganlaw.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.duneganlaw.com\/wp-json\/wp\/v2\/comments?post=383"}],"version-history":[{"count":1,"href":"https:\/\/www.duneganlaw.com\/wp-json\/wp\/v2\/posts\/383\/revisions"}],"predecessor-version":[{"id":384,"href":"https:\/\/www.duneganlaw.com\/wp-json\/wp\/v2\/posts\/383\/revisions\/384"}],"wp:attachment":[{"href":"https:\/\/www.duneganlaw.com\/wp-json\/wp\/v2\/media?parent=383"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.duneganlaw.com\/wp-json\/wp\/v2\/categories?post=383"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.duneganlaw.com\/wp-json\/wp\/v2\/tags?post=383"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}