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In general, an advance directive is a
written and signed document which expresses
acts or actions a person wants taken in the
event the individual becomes incapacitated or is
unable to express his or her wishes or take
action on his or her own.
An advance directive expresses the current
competency of the individual, describes the
condition(s) which must occur for the advance
directive to be implemented, and outlines the
act(s) or action(s) which may be taken by the
person or persons authorized to act on behalf
of the individual.
Thus, an individual may write an advance directive
which:
-
Authorizes another individual to control
finances or assets;
-
Provides instructions on health care;
-
Authorizes the use or non-use of life
support measures;
An advance directive may take the form of
Durable Power of Attorney
,
Health Care Surrogate
, or
Living Will
. Each form is usually prescribed by law. Anyone
wishing to use one or more of these advance
directives is advised to consult an attorney.
Durable Power of Attorney
is generally used to identify conditions under
which another individual is authorized to control
an individual's finances or assets. Thus, one may
indicate when another person is authorized to incur
debt, pay bills, or buy or sell property on his or
her behalf. A person may describe conditions under
which he or she believes there will be an incapacity
to make an informed decision about control of finances
or assets. A named trusted friend or family member--or
disinterested third party such as an attorney or bank
trust officer--can then assume these duties. Conditions
under which the Power of Attorney would cease would also
be described.
Medical Power of Attorney
is similar to Durable Power of Attorney--except it
describes matters related to health care. Conditions
under which another individual is authorized to approve
health care--including when and where (and what types
of care)--to be provided with another person's consent
are described. The individual authorized to make these
decisions is identified. Finally, conditions which must
exist to return health care decisions to the individual
are described.
A
Living Will
generally describes the conditions under which life
supports should or should not be provided. Again,
these decisions would be made by an individual who
is clearly competent to make the decisions. However,
the Living Will--written while a person is competent
to write such a document--would be used to determine
wishes if a person is not currently capable of making
an informed choice.
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Power of Attorney, Health Care Surrogate, or Living Will
should not be confused with
Conservator
or
Guardian
. A Conservator is appointed following a due
process hearing to manage a person's finances and
estate. A Guardian is appointed to manage a person's
health care, also following a due process hearing. In
either instance, the person must be declared incompetent
to make health care and/or financial decisions on his or
her own.
Note: the above is based on West Virginia Law.
Check with an attorney on your State's laws concerning
Conservator and/or Guardian, or similar laws.
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