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ESTATE PLANNING ARTICLES

The Power of Attorney for Personal Care

Author: By James Newland

Powers of Attorney for Personal Care, also known as living wills, directives, mandates, authorizations or representation agreements are a relatively recent development.

These POAs allow you to give an attorney the power to make decisions concerning your health care, nutrition, shelter, clothing, hygiene and safety in the event that you are not capable of making these decisions on your own.

Unlike the POA for Property, the POA for Personal Care only comes into effect on the happening of a specific contingency - i.e. that you are no longer capable of making personal care decisions.

POAs for Personal Care are often more complex to draft, although it is possible to still just give a general one. You should however, consider a few factors when deciding what to put in the document.

Cultural and religious issues may be a concern. Some religions, for example, have a prohibition against the use of blood products, and other groups have standards of what is and is not allowed in health care.

A doctor's ethical standards should also be considered, and it is therefore recommended that the terms of the POA be discussed with your family doctor in advance. This ensures that the doctor knows of your wishes, as well as who to contact in an emergency.

Specific diseases or conditions should be considered, including coma, brain damage, cancer, chronic pain, stroke and dementia, as well as specific treatments, such as ventilators, tube feeding, CPR, dialysis, simple or invasive diagnostic tests, major or minor surgery, as well as medication and pain control which may dull the senses or shorten life.

A copy of the POA for Personal Care should be given to both the attorney and your family doctor, and it is also a good idea to carry a wallet card indicating who the attorney is, so that he or she can be contacted in an emergency.

- James Newland

   

 

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