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Health Care Power of Attorney

A. In General. Under this legal document, you name an agent to make health care decisions for you if you cannot otherwise communicate such decisions. The agent must follow the guidelines for medical treatment determined by you and will have the ability to direct the withholding or withdrawal of "life-sustaining treatment" (such as tube-feeding and respiratory support) . Most people choose one of the following 3 options:

  1. Not using life-sustaining treatment if the agent believes the burdens outweighs the benefits (considering suffering, the expense involved, and the quality of life);
  2. Using life-sustaining treatment unless the principal is in an irreversible coma;
  3. Prolonging life to the greatest extent possible without regard to the principal's condition.

B. Consider Replacing Existing Living Will with a Health Care Property of Attorney. If you have a living will, consider replacing it with a health care power of attorney. A health care power of attorney gives the agent broader powers than a living will because (1) a living will only applies if you have an incurable and irreversible injury, disease or illness and death is imminent (i.e., not applicable if you are unconscious or in a vegetative state); and (2) a living will generally does not allow the removal of tube-feeding. (3) A living will is a directive to your physician (not family members) to make medical decisions.