What is a durable power of attorney (or other advance directive)? This will give someone the ability to make decisions for a person who can’t (called a “principle) with a legal right to do so. This person holds the decision making power and can make many decisions for the individual who needs help. The person with the decision-making authority is sometimes called an “agent” or “attorney-in-fact. The name depends on the state. The decisions they make include, but are not limited to, medical or financial decisions that may be terminating, giving or withholding medical services or treatments.
Who can get durable power of attorney?
The following is who the power of attorney is usually given to:
- Trusted friend of the principal
- Adult child
- Spouse
Usually, the principal has choices or actions that the agent (or attorney-in-fact must carry out. So the agent or attorney-in-fact has an important task to fulfill the principal’s desires. These decisions generally do not need the court system’s approval. It’s recommended that the caregiver talks to the individual he or she is caring for to see if there is a need for directives like power of attorney. The principal’s health-care wishes and financial and medical issues determine if there is a need for a power of attorney. Be aware that state rules may vary from each other which can determine the certain rules about the durable power of attorney and other advance directives.
If you are contemplating being a durable power of attorney, then you may want to discuss with legal counsel or other personal advisors. As an attorney-in-fact, you must manage the principal’s Medicare and health care benefits soundly. Also, you should know where to find your principal’s legal and financial documents, which include:
- Health care proxy
- A living will
- And/or power of attorney
If you want to get started in getting power of attorney, consult with your State Health Insurance Assistance Program (SHIP). SHIP will guide people to make educated decisions for their health care. They will provide free Medicare consults to beneficiaries, their caregivers and their families. SHIP is not associated with any insurance companies as it is an independent program that gets federal funding. Please note that the name (SHIP) may be different depending on what state you reside.
Visit the SHIP page here and get the contact information for your state if you want a list of State Health Insurance Assistance Programs.
Be aware: This article is for informational purposes only not medical or legal advice.
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