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POWERS OF ATTORNEY &
ADVANCE HEALTH CARE DIRECTIVES
There are
two kinds
of Powers of Attorney,
one for health care or medical decisions and the other one is for
financial decisions.
1. Durable Power of Attorney:
You, as the
"Principal",
appoint one or more people to act as your "Attorney-in-fact"
as to all of your financial decisions. Your "Attorney-in-fact then "stand in your shoes" and can make
all of the same
financial decisions regarding your assets and liabilities as you can.
You can choose to have
the Power of Attorney take effect
immediately
or you can specify that it does not take affect until you become
incapacitated
or incompetent
and may require a written declaration of one or more physicians that
you are incapacitated or incompetent. In this event, the power of
attorney is considered to be "Durable" as it survives your incompetency
or incapacity.
2.
Advance
Health Care Directive:
The
Advance
Health Care Directive (Health Care Power of Attorney)
allows you to make decisions as to whether you want life
support, artificial nutrition and/or hydration. You can also specify
the pain medication that you want and whether you want to live your
last moments at home. They are very flexible documents and give your
family members the guidance they need as to your last wishes.
It is no longer
necessary to have a "Living
Will" which
specifies that you do not want any heroic measures to prolong your
life or that you do not want any artificial means, such as life
support systems, used when you are in a
coma.
Instead, these provisions are put in your "Advance Health
Care Directive"
so that this
one document spells out all of your last wishes.
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The
Durable Power of Attorney allows your appointee to manage
your finances, sell or mortgage your house, pay your bills, and invest
your money.
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