What is a healthcare power of attorney?

A healthcare power of attorney is a type of document used in Virginia trust and estate law. It allows a person to appoint another individual to make decisions regarding their healthcare should they become unable to do so themselves. The individual appointed is known as the ‘agent’ or ‘attorney-in-fact’. When assigning the healthcare power of attorney, the person naming the agent should do so carefully and ensure that the person appointed is someone they trust to make decisions in their best interest. The document should clearly outline what powers the agent has. This could include decisions such as medical treatments and tests, refusal of certain medical treatments, the location of care, and the type of care administered. It can also be used to grant the agent access to medical records and allow them to make decisions about organ and tissue donations. The healthcare power of attorney can be revoked by the person assigning the power at any time, provided they are mentally competent to do so. It is also important to note that the healthcare power of attorney does not supersede the instructions of living wills, where applicable. A healthcare power of attorney is not meant to be used in place of estate planning, but rather to provide guidance and support in the event of an emergency.

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