Medical Durable Power of Attorney

In some states this is a new use of the Durable Power of Attorney, in which your older relative designates you (or another responsible person) to make medical care decisions. The "durable power of attorney for healthcare decision making" laws allow an individual to appoint someone to make medical decisions, if the individual becomes unable to express wishes and exercise rights on his or her behalf. The medical power can be used even if a person is not terminally ill, but is unable to make his or her own decisions for some other reason. It can be used to avoid unwanted care and to make sure that desired life-sustaining treatment is provided.

Durable powers of attorney are not usually restricted to terminal conditions. You should therefore discuss your convictions regarding all medical treatment, not just terminal care. Decisions about terminal care should reflect your attitude on any medical intervention that in your view cannot acceptably prolong your life but actually prolongs your dying. You should ensure as fully as possible that your agent understands and agrees with your views. Issues one may want to address more specifically include:

cardiopulmonary resuscitation
mechanical breathing
artificial feeding through nasal tubes
major elective surgery
kidney dialysis
chemotherapy
invasive diagnostic tests
blood transfusions
pain medications even if the unintended result would be to hasten death
cremation versus burial

Durable power of attorney documents are more flexible than a living will and can be applied to more situations.

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Notice: The information provided is of general nature and is not intended to replace the advice and counsel of an attorney.