The Health Care Power of Attorney - Questions
and Answers
Courtesy of George S. Ingalls, P.A.
The Elder Law Center
Towson, Maryland, USA
- What is the Health Care Power of
Attorney?
- A written legal document
- A document signed by the person making the Power
of Attorney, known as the Principal
- The document becomes effective upon the
disability of the Principal
- The document must comply with the laws of the
state
- Who can make a Health Care Power of
Attorney?
- Any person who is competent under the law to sign a
contract can make a Health Care Power of Attorney.
- What does a Health Care Power of Attorney do?
- A Health Care Power of Attorney appoints one or more
persons, known as the Attorney-in-Fact, to make
health care decisions for the Principal during any
period of incapacity.
- How long is a Health Care Power of
Attorney valid?
- Only effective during the lifetime of the Principal
- In effect until revoked by the Principal
or until the death of the Principal
- What happens if a person becomes
incapacitated without having made a
Health Care Power of Attorney?
- A Guardian may be appointed by the court
to make health care decisions for the period of
incapacity.
- An Attorney-of-Fact can act immediately. A
Guardian cannot act until appointed by the
court.
- Can a Health Power of Attorney be changed?
- YES! The document can be revoked and a new document
prepared.
The educational information provided here is
only general in nature and is not intended as a legal opinion.
For specific advice or assistance, please contact a legal
professional.
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