Reposting this info - the original thread it was on has been lost. - Norbert ------------------------------------------ The terminology for Power of Attorney varies from state to state.
from New York--
2. What is a Durable Power of Attorney? A Durable Power of Attorney is a written power of attorney which contains the words "This power of attorney shall not be affected by my disability," or "This power of attorney shall become effective upon my disability," or similar words. In order to be valid it must be signed by you before you become disabled.
7. What are some specific authorities which might be given in a Durable Power of Attorney? Ordinarily, you want your agent to be able to do anything you could do, and so most Durable Powers of Attorney are very broad. Specifically, a power of attorney might authorize your agent to do any or all of the following on your behalf: - Pay for support and care. - Conduct banking transactions. - Deal with property. - Handle legal claims. - etc.
Health Care Proxy --- is the terminology that some states use for Medical Power of Attorney.
“The New York Health Care Proxy law allows you to appoint someone you trust - for example a family member or close friend - to make health care decisions for you if you lose the ability to make the decisions yours self.
Some states have really confusing terminology Missouri has a durable power of attorney (financial) And a durable power of attorney for healthcare. (This is redundant - to be useable, a healthcare power of attorney has to be durable!)
Bottom line, you need ---
- a power of attorney for finances, - a medical power of attorney and - a living will that specifies that the proxy has authority to say no to the use of feeding tubes and respirators.
Living will- Some states will have the living will text and decision check box built into the health care proxy document - in other states it will be a separate document.
Some states are very strict and require specifically worded authorization for the Health POA to refuse the use of feeding tubes. From the New York form - "Unless your agent knows your wishes about artificial nutrition and hydration (feeding tubes) your agent will not be allowed to make decisions about artificial nutrition and hydration. See instructions on reverse for sample of language you could use.)"
Perhaps the New York law has been loosened, but at one time, specific written authorization to refuse feeding tubes was required. As a result, New York had the highest use of feeding tubes in late stage alzheimers, at about 43% getting feeding tubes. Similar requirements exist in aprox. 13 states (primarily New England and Michigan) I.E. - they require high levels of evidence on this issue.
[This Message was Edited on 10/22/2007]
