Healthcare Power of Attorney & Living Will

Elliott Stapleton provides a summary of what to do if you have been appointed as a Healthcare Power of Attorney. This summary is helpful for individuals who have been appointed as an agent or are curious about what is involved with the role.

This video also addresses the use of a Living Will and how this medical directive could relate to the Healthcare Power of Attorney.

When is a Power of Attorney effective?

A power of attorney is effective when signed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. An example of a future event would be upon incapacity or if adjudicated legally incompetent. 
The principal, in the power of attorney, may also authorize a third party to determine when the power takes effect. It is best to review the document to confirm when it becomes effective.

How will I be able to access medical information?

A person appointed in the power of attorney may act as the principal’s personal representative pursuant to 42 U.S.C. 1320d to 1320d-8, and applicable regulations, to obtain access to the principal’s health-care information and communicate with the principal’s health-care provider.

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