Do I Need a Medical Power of Attorney? - Barry Peters Law

A surprisingly common misunderstanding about Living Wills has to do with the need for a separate Power of Attorney for medical matters.

The misconception arises because the standard Living Will in Idaho includes a ?Durable Power of Attorney for Health Care.?? Many clients assume that this is a broad medical power of attorney that can be used whether or not the person granting the authority is in a coma.

But a careful look at the language in that Durable Power of Attorney for Health Care will show that it gives authority ?to make health care decisions for me as authorized in this Directive.?? In other words, it only applies where the person giving the authority is effectively in a coma with no chance of recovery.

In lesser circumstances (such as in the case of a stroke or dementia), that Power of Attorney is arguably ineffective.? Hospitals and physicians may (and probably should under federal law) decline to give information to the person appointed under that Power of Attorney in the Living Will or to accept instructions for medical care from such a person.

To avoid this quandary, a clearly stated Durable General Power of Attorney that covers both financial issues and medical issues is the better solution in Idaho.

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Whether you live in Boise, Meridian, Eagle, Star, Nampa, or other nearby communities ? in fact, anywhere in Ada County or Canyon County ? for additional easy-to-understand information on Idaho Wills, Trusts, probate, and estate taxes, call attorney Barry Peters? offices at (208) 939-2600 for an expedited appointment to begin the process.? Or, if you have questions, please call Barry for a FREE OFFICE CONSULTATION or visit his Q & A pages at?BarryPeters-Law.com/common-questions.?As always, your?total satisfaction?is guaranteed by Barry Peters, Attorney at Law, where?all clients receive individual attention to the details of their unique circumstances.

Source: http://barrypeters-law.com/2012/07/13/barry-peters-do-i-need-a-medical-power-of-attorney/

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