What is a durable power of attorney for health care?

A durable power of attorney for health care is a legal document that allows a person to appoint someone else to make health care decisions on their behalf. This document allows a person to choose a trusted individual, such as a family member or friend, to make decisions about their medical care in the event that they become unable to do so. At the time of creating the document, the person signing it will list the powers that the person they appoint, known as the “attorney-in-fact”, can make on their behalf. Examples of powers that may be listed include authorizing medical treatments, tests, or surgeries, accepting medical advice, arranging for home health care, or making decisions about long-term care facilities. In North Dakota, durable powers of attorney for health care are regulated by the Durable Power of Attorney for Health Care Act. This act requires all documents to meet specific requirements in order to be valid. For example, documents must state that it is a durable power of attorney, must list the powers granted to the attorney-in-fact, must be signed by the person granting the power, and must be witnessed by at least two people who are not related to the person granting the power. In short, a durable power of attorney for health care is a tool to allow people to make sure that their health care decisions are taken care of in the event of their incapacity. It can provide peace of mind, knowing that their wishes will be respected.

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