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  | ArticleDURABLE POWER OF ATTORNEY FOR HEALTH CAREA health care power of attorney (oftentimes called an "advance directive") is a document in which you name someone else as your "agent" to make health care decisions for you if, in the future, you cannot speak for yourself. If you cannot make or communicate medical, health care, and personal care decisions because of a temporary or permanent illness or injury, with a health care power of attorney you can keep control over health care decisions that are important to you because you state your wishes about any aspect of your health care and choose a person to make and communicate those decisions for you. Appointing your agent to make health care decisions is particularly important. At the time a medical decision needs to be made, your agent can participate in discussions and weigh the pros and cons of treatment decisions based on your wishes. Your agent can decide for you whenever you cannot decide for yourself, even if your decision-making ability is only temporarily affected. Unless you formally appoint someone to make health care decisions for you, many health care providers and institutions will make critical decisions for you that might not be based on your wishes. In some situations, a Court might have to appoint a guardian for you unless you have stated your wishes in advance and named someone to act for you. Chapter 144B of the Code of Iowa specifically provides for the use of durable powers of attorney for health care, and sets out the requirements for the document establishing the power of attorney. The law specifically describes the document as one "authorizing an attorney-in-fact to make health care decisions for the principal if the principal is unable, in the judgment of the attending physician, to make health care decisions." A health care power of attorney can relieve family stress. By expressing your wishes in advance, you help family or friends who might otherwise struggle to decide on their own what you would want done. -- January 2, 2002. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa. Copyright © 2007 by McDonald, Brown & Fagen. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement. |