• What is a durable power of attorney for health care?

A durable power of attorney for health care is a document which allows your (the "principal") to name another person (the "attorney-in-fact") to make certain medical decisions for you if you are unable to make them for yourself. The person you choose as your "attorney-in-fact" does not have to be a lawyer. The law says that the "attorney-in-fact" can:

1. authorize your admission to a medical, nursing, residential, or other facility;
2. enter into agreements for your care: and
3. authorize medical and surgical procedures.

The power to authorize medical and surgical procedures means that your attorney-in-fact may arrange for and consent medical. therapeutic. and surgical procedures for you, including the administration of drugs.

As of this writing, courts in Pennsylvania have not decided if the law permits an attorney-in-fact to refuse treatment on your behalf, especially if the attorney-in-fact is refusing potentially beneficial care.

• Why do they call it a durable power of attorney?

Normally, a power of attorney becomes ineffective if you become hospitalized. A durable power of attorney continues to be effective or takes effect if or when you become incapacitated. To be considered a durable power of attorney for health care, the document must contain the following or similar language:
"This power of attorney shall not he affected by my subsequent disability or incapacity." -or-
"This power of attorney shall become effective upon my disability or incapacity."

• What are some of the major differences between a living will and a durable power of attorney for health care?

These are just some of the differences between two documents:

(1) A durable power of attorney for health care generally names someone to make health care decisions for you without necessarily describing what those situations should be. A living will, on the other hand, often spells out what kind of life-sustaining treatment you want to receive and may or may not name someone to make those decisions for you should be become incompetent and in a terminal condition or permanent state of unconsciousness. Unlike a durable power of attorney for health care, a living will only takes effect when you are in a terminal condition or permanent state of unconsciousness.

(2) A durable power of attorney for health care is designed to give your named representative authority to make all sorts of medical decisions for you, such as whether or not you should be admitted to a particular kind of health care facility. A living will, on the other hand, is generally used to tell you health care provider what kind of medical care and treatment you want receive or not receive in the event you become unable to tell the provider yourself because you have become incompetent and arc in a terminal condition or permanent state of unconsciousness.

(3) It is unclear if, under a durable power of attorney for health care, the person who you choose to make the decision for you, can refuse to stop a life sustaining treatment for you: a living will clearly can be used for that purpose.

• May I have both a durable power of attorney for health care and a living will?

Yes.