What is a durable power of attorney for healthcare?

A durable power of attorney for healthcare (DPOAHC) is an important legal document that allows a person to designate someone else to make healthcare decisions on their behalf if they are unable to do so. This document exists in all states. In Florida, the document is known as a “Durable Power of Attorney for Health Care Purposes” and is regulated by Florida law. The DPOAHC allows the “principal” (the person creating the document) to appoint an “agent” (the person designated to make healthcare decisions on their behalf). The principal can define their wishes for health care in the document, such as whether to accept or refuse treatment, and whether to donate organs. The agent has the power to make these decisions on the principal’s behalf if they can no longer do so themselves. The document only becomes effective if two doctors determine that the principal is unable to make decisions for themselves. This is known as “incompetence.” The DPOAHC also remains effective for the principle until it is revoked. Even if the principal becomes competent again, the document can remain in effect until it is revoked. The DPOAHC is an important tool for a person to ensure that their wishes for healthcare are respected even if they become unable to make decisions for themselves. It is important to discuss the document with an attorney who is experienced in Trusts and Estates Law in Florida in order to ensure that the document is properly created and that the principal’s wishes are accurately reflected.

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