Durable Power of Attorney for Health Care

Also known as advance health care directive, this device is used to appoint another to make medical decisions on your behalf in the event you cannot sometime in the future due to incapacity.  The power of attorney can simply appoint a specific person to make health decisions which they deem to be in your best interest.  They can also include specific future instructions to the agent such as the selection and termination of particular health care providers and hospitals, the approval or disapproval of certain diagnostic tests, surgical procedures or medications and directions to provide or withhold artificial life support systems in certain circumstances.  The devices can also provide the agent with the power to determine where you will live (e.g., at home or a facility), who will be your household employees, transportation arrangements and various arrangements upon death (e.g., making a gift of your organs, authorizing an autopsy or directing the disposition of your remains). 

Spouses often appoint one another as their respective agents.  Regardless of who you appoint or what powers or instructions you set forth in the power of attorney, the agent cannot act against your wishes if you object to a particular decision he or she makes. 

In the absence of an advance health care directive, a court may have to appoint a conservator to make health care decisions for you.  This judicial proceeding can be cumbersome, time consuming, expensive and creates documents open to public inspection.  Further the court may not appoint an acceptable person and he or she will not have all of the optional instructions you may include in a power of attorney.