Power of Attorney
Is used for situations where an individual cannot be present, but that individual has entrusted someone to do the job in their place. When someone holds "power of attorney" they are able to enter into contracts, negotiate, and settle matters as if they were the other person. An ordinary power of attorney expires when the grantor becomes incompetent or deceased.
Durable Power of Attorney
A durable power of attorney can act on a person‘s behalf even while that person is still alive. People suffering from severe illnesses, such as, dementia or senility, who are no longer competent to make their own decisions, need to continue to make financial and medical transactions long after they have the capacity to do so. A Durable Power of Attorney allows them to do just that.
Health Care Durable Power of Attorney
A health care durable power of attorney is very critical because it allows a trusted agent to make healthcare decisions on your behalf. Few hospitals wish to take on the responsibility of determining your healthcare decisions for you, especially in this litigious society. The Healthcare Durable Power of Attorney applies in all situations in which you are unable to make healthcare decisions for yourself, not just when you are terminally ill. The Health Care Durable Power of Attorney only becomes effective upon your incapacity. In addition, unless you direct otherwise, this document gives your Attorney the power after you die to:
Authorize an autopsy
Donate your body, or parts there of for:
Transplant
Therapeutic
Educational
Scientific purposes
Direct the disposition of your remains
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