HIV: PRACTICAL MATTERS-PUTTING YOUR AFFAIRS IN ORDER: DURABLE POWER OF ATTORNEY FOR HEALTH CARE
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The person to whom you give a durable power of attorney for health care must be at least eighteen years old and willing to serve as your agent. Health care professionals—physicians and nurses who are involved in your care—are not usually considered appropriate. The document assigning a durable power of attorney for health care generally contains the following: a statement that you are creating a durable power of attorney for your health care; the name of the person and any alternate person to whom you are giving durable power of attorney for health care; the conditions under which this document becomes effective; a statement of what authority you are granting this person; and a list of specific wishes. The durable power of attorney generally takes effect when two physicians, including the physician-of-record, certify that you are not capable of understanding or communicating decisions about your own health; it will apply as long as this condition continues. This document can give the person with durable power of attorney the authority to withhold or withdraw any treatments or procedures—including mechanical ventilation (respirators or breathing machines), dialysis (artificial kidneys), antibiotics, operations—that sustain life. Medical treatment that would provide comfort or relieve pain is not included in a durable power of attorney for health care. The person to whom you give durable power of attorney may access your medical records and can place you in a nursing home. In the event of your death, the person to whom you give durable power of attorney can authorize an autopsy and can make decisions about your burial. The document assigning durable power of attorney can also include a section for any specific instructions you might have. For example, you could write, “In the event that I am in a coma, and have an incurable physical condition or lose my mental capacity, and have little hope of recovery, I do not wan treatment that will merely prolong my life.” You can also stipulate whether you do or do not want an autopsy and where you wish to be buried. The document assigning durable power of attorney for health care must be dated and signed by you, by the person to whom you are giving durable power of attorney, and by two witnesses who are not interested parties. It is wise to have the document notarized by a notary public; some states may require this. The original of the document assigning a durable power of attorney for health care should be kept by you or by your lawyer or by someone you trust. Copies of the document should be given to the person to whom you assign durable power of attorney, to any alternate person, and to members of your family. Your physician should know such a document exists; you may wish to consult your physician when drawing up the document. Lawyers and hospital legal offices can provide examples of such documents that meet state laws.*215\191\2*