What is a healthcare power of attorney?
A healthcare power of attorney (or healthcare proxy) is a document that grants a person legal authority to make medical decisions on behalf of someone else. This document is most often used when someone becomes incapable of making those decisions on their own due to mental or physical incapacity. The person designated in the document is called an “agent.” In Minnesota, healthcare powers of attorney are governed by state statute. These documents are recordings of instructions about medical care for the principal (the person giving the authority). The document describes the agent’s authority and sets out any limits on their decision-making powers. The healthcare power of attorney allows the agent to make decisions about medical treatments, including refusing treatments that would prolong life, and even authorize organ donations or autopsy. The agent is also allowed to access the principal’s medical records, consult with healthcare professionals, and enter into contracts with providers of healthcare services. A healthcare power of attorney is an important document for those who want to ensure their medical wishes are followed in the event of incapacitation. It is imperative that these documents be carefully drafted with the assistance of an attorney with expertise in trusts and estates law.
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