When you sign a Healthcare Power of Attorney and designate an "agent", your agent has the power to make any and all healthcare decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself.  Your agent may consent, refuse to consent, or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life-sustaining treatment.  Your agent may not consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery, or abortion.  A physician must comply with your agent's instructions or allow you to be transferred to another physician.

Your agent's authority begins when your doctor certifies that you lack the competence to make healthcare decisions.  Your agent is obligated to follow your instructions when making decisions on your behalf.  Unless you state otherwise, your agent has the same authority to make decisions about your healthcare as you would have had.

The person you appoint as agent should be someone you know and trust.  The person must be 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed.  If you appoint your health or residential care provider (e.g., your physician or an employee of a home health agency, hospital, nursing home, or residential care home, other than a relative), that person has to choose between acting as your agent or as your health or residential care provider.  The law does not permit a person to do both at the same time.

You should inform the person you appoint that you want the person to be your healthcare agent.  You should discuss the Healthcare Power of Attorney with your agent and your physician and give each a signed copy.  You should indicate on the document itself the people and institutions who have signed copies.  Your agent is not liable for healthcare decisions made in good faith on your behalf.

Even after you have signed this document, you have the right to make healthcare decisions for yourself as long as you are able to do so and treatment cannot be given to you or stopped over your objection.  You have the right to revoke the authority granted to your agent by informing your agent or your health or residential care provider orally, or in writing, or by your execution of a subsequent Healthcare Power of Attorney.  Unless you state otherwise, your appointment of a spouse dissolves on divorce.

You may wish to designate an alternate agent in the event that your agent is unwilling, unable, or ineligible to act as your agent.  Any alternate agent you designate has the same authority to make healthcare decisions for you.

Do you have a Healthcare Power of Attorney?  If not, you need to call Barry now.  Healthcare Powers of Attorney are simple and inexpensive and can be extremely valuable in the event you are unable to make your own healthcare decisions.