This document allows you to appoint an agent to make
your medical decisions for you if you are incapable of making them for
yourself. You can give your agent instructions as to what type of
medical care you want or do not want, including the authority to
withhold or withdraw life-sustaining procedures, if you so desire. A
Durable Health Care Power of Attorney may be accompanied by a “Living
Will” which gives instructions to health care providers regarding the
withholding or withdrawal of life-sustaining procedures. Without a
properly drafted and signed Durable Health Care Power of Attorney or
Living Will, your spouse and/or children may not be able to control
your medical care consistent with your wishes. Language incorporating
the new Health Insurance Portability and Accountability Act of 1996,
Pub. L. No. 104-191, 45 C.F.R. Sec. 160.500 et seq. ("HIPAA") must be
included in every health care power.
There are many nuances (medical, person, legal and
religious) to these medical directives which should be addressed before
they are utilized in any situation.
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