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Durable Power of Attorney
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Durable Power of Attorney
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A Durable Power of Attorney for medical care is different from other types of powers of attorney. The information that follows is only in regards to the type of Durable Power of Attorney for medical care, not about other types of powers of attorney.
A Durable Power of Attorney for medical care allows you to choose someone to carry out your wishes for your medical care. The person acts for you if you can't act for yourself. This could be for a short or a long while.
Frequently Asked Questions about Durable Power of Attorney:
Who should I choose?
You can choose any adult relative or friend you trust to act for you when you can't act for yourself. Be sure you talk with the person about what you want. Then write down what you do or don't want on your form. You should also talk to your doctor about what you want. The person you choose must follow your wishes.
When does my Durable Power of Attorney for medical care take effect?
The form takes effect only when you can't choose your care for yourself, whether for a short or long while.
The form only allows your relative or friend to stop life support:
- if you are in a coma that is not expected to end,
OR
- if you are expected to die.
Can I change my advance directive
Yes, you can change your advance directive whenever you want. If you already have an advance directive, make sure it follows Ohio's law (effective October 10, 1991). You may want to contact a lawyer for help. It is a good idea to look over your advance directives from time to time. Make sure they still say what you want and that they cover all areas.
Click here for more information on Living Wills.
What do I do with my forms after filling them out?
- You should give copies to your doctor and health care facility to put into your medical record.
- Give one to a trusted family member or friend. If you have chosen someone in a Durable Power of Attorney for medical care, give that person a copy.
- Put a copy with your personal papers.
- You may want to give one to your lawyer or clergy person.
- Be sure to tell your family or friends - persons close to you - about what you have done. Don't just put these forms away and forget about them.
The above information is not intended to be specific legal advice, but to help you understand your rights under the law. For legal advice, you may want to talk to a lawyer. For information about free legal services, call the Ohio State Legal Services toll-free at 1-800-589-5888, Monday through Friday, 8:30 a.m. to 5 p.m.
The above information was provided by a brochure entitled “You Have the Right” from the Ohio Department of Human Services. |
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