by Naomi Kenny

Created on: June 22, 2008

A Durable Power of Attorney for Health Care is not only a good action to be taken, but in our current health care crisis it is one of the most important documents you can produce. Yes, this is a powerful decision to make especially assigning a health care advocate to speak for you. But, without this document you are left to the mercies of a confused money hungry health care system.

To create this document you must talk with your loved ones and your doctor. It is imperative that they understand and accept your decisions. I say imperative, because even though this is a legal document it can be conveniently ignored. After everyone has been informed of your decisions get the document notarized, just to add more legal clout to it. The durable Power of Attorney for Health Care should only go into effect if you can no longer make decisions for yourself due to physical or mental incapacity. You also have the right to cancel this document at any time as long as you as still of sound mind.

Copies of this document should be kept with your other health papers, like insurance papers and be carried with you. All members of your loved ones, your designated advocate, lawyer (if you have one, you don't have to have one for this form), and your physicians should have copies of this form. Each copy of the form should contain a list of where copies are kept, so if you make changes all the copies can be corrected. This form should be reviewed annually and discussed with your advocate and loved ones.

When you are admitted to a health care facility, out-patient or in, be sure to take them a copy for your file. The hospitals, long term-care homes and assisted living homes all will ask if you have such a document and should ask for a copy. Non-hospital facilities will also often ask for a Do Not Resuscitate (DNR) order. This form is often state specific, so be sure to check if you move from out of state. The DNR allows the facility and the ambulance personal to not start resuscitative procedures should your heart or breathing stop, allowing nature to take it's course.

The person you designate as your spokesman or advocate doesn't have to be a family member. They need to be someone you trust to keep your wishes met and speak for you. They need to have a current copy of the Durable Power of Attorney for Health Care. They are not the executor of your estate unless you have filed separate paperwork for that authority. The authority of the advocate expires when you die.

When there are problems

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