All adults should have health care powers of attorney to authorize someone they trust to act in their best interests to make health care decisions if they become unable to do so for themselves — there may be no warning before the document is needed.
Most states allow some form of simple authorization used to select a trusted family member, clergy or other person to make health care and other decisions when a person (called a principal) becomes incapable of making those decisions rationally. This form of power of attorney may also be called a durable power of attorney. Durable means that if, after the power of attorney is executed by a competent person (the principal), it remains effective even though the person thereafter becomes mentally incapacitated or incompetent. Most health care powers of attorney are classified as durable powers of attorney.
A Health Care Power of Attorney allows a principal to authorize an agent (also called an attorney in fact), who is an adult the principal selects and approves, to act for the principal and to make health care decisions and other decisions for the principal while the principal is incapacitated or unable to make rational decisions.
Most states will recognize a Power-of-Attorney as valid which is valid and created under another state's law. However, to be certain there are no problems, if you are moving, will shortly be moving to another state, or will be staying for an extended period of time in a state other than your current residence, you should have forms which comply with the laws of states in which you will be residing or staying for an extended period of time.
For a general discussion of Living Wills, Advance Health Care Directives, and Health Care Powers of Attorney (Proxies) read
Information from the American Bar Association.
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Select State information - from available states. Alabama: Advance Health Care Planning — Laws Colorado: Advanced Medical Directives & Medical Durable Power Of Attorney — Laws Indiana: — Laws Mississippi: Who Should Make Your Decisions — Laws - Scroll to §41-41-201 Ohio: Living Wills and Health Care Powers of Attorney — Laws
For a how-to make decisions discussion read the Consumer’s Tool Kit for Health Care Advance Planning
Information from the American Bar Association.
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If there is no appropriate state selection on this web page for the state in which you would like to create a Health Care Power of Attorney, you may request the form and select the state you need. There are no promises, but if there are sufficient requests, we will try to satisfy them.
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