Peacock Tales
Volume 17, Number 2 · April 2007Understanding Powers of Attorney
Pennsylvania law provides up to three separate but related documents which permit you to designate another person to act on your behalf in financial or healthcare matters.
The first is a traditional Durable Power of Attorney where you may authorize a person of your choosing to make decisions and act for you with regard to money, property or contracts. This Power may be limited in time or purpose or it may extend until your death and cover banking and investments, real property matters, law suits, hiring agents, and contract concerns. It may also authorize an agent to make health care decisions including treatment and placement.
On January 29, 2007, a new Pennsylvania law went into effect authorizing a Durable Health Care Power of Attorney and an Advance Directive (Living Will), jointly known as the Advance Health Care Directive.
In Pennsylvania, you have the legal right to make your own decisions about the type of health care you want. As long as you are well enough, your physicians will involve you directly in making decisions about your medical treatment. However, if you are unable to make decisions about your care, others will have to make those decisions for you. Without an advance authorization, the decision will be left to your family, physician, and possibly the courts. Your family members may be confused or disagree about what care to authorize.
The Durable Power of Attorney for Health Care is a specialized Power of Attorney applicable if you are unable to make or communicate health care decisions for yourself. It must (1) identify you as the principal, and a health care agent to act for you, and (2) authorize the agent to make health care decisions on your behalf. A wide variety of powers may be given to your agent for your health care. These may apply to minor health problems, medical or surgical care, or even the more serious conditions involved in the Advance Directive (or Living Will).
The Advance Directive (Living Will) applies only to medical care where the principal is determined to be incompetent and to have an end-stage medical condition (including Alzheimer's) or to be permanently unconscious. It becomes effective and available for use when a copy is provided to the attending physician. Most Advance Directives contain a list of treatments where you may check which you do or do not want. That list includes cardiac resuscitation (CPR), mechanical respiration, the administration of food and water by tubes, the administration of blood or blood products, surgery, kidney dialysis, and the use of antibiotics.
The new law also provides for where there is no guardian or named health care agent. A "Health Care Representative" may be designated by you in writing or verbally to your physician. That person must sign a written acceptance. If you do not designate someone, the law provides a "Representative" in a specific order of priority, beginning with a current spouse, adult child, parent, adult brother or sister, etc. This "Representative" can act only if the patient is 18 or older, is married, a high school graduate or an emancipated minor and does not have a guardian or available health care agent. (For minors otherwise, only a court appointed guardian or parent has authority to make health care decisions.)
A discussion of an Ad- vance Health Care Directive touches on sensitive matters. Most of us would rather not think about being sick or dying. But by thinking about these issues now, you can save your family and those close to you the burden of having to make choices for you.
Each document should be fully understood to insure it meets your needs and accomplishes your wishes. Variations in the duties of your agent, the beginning and termination of duties and powers, and even the details of signing, require careful preparation and drafting. These documents together provide great protection for you, in both property and health care matters in the event you are unable to act effectively for yourself.