TOP > LEGAL FORMS & DOCUMENTS > ADVANCE MEDICAL DIRECTIVES Make sure your family and your doctors know what your wishes are regarding medical treatment with an Advance Medical / Healthcare Directive. Categories: FREQUENTLY ASKED QUESTIONSWhat is an advance medical directive? An advance medical directive (also known as a health care directive or personal directive) is a document in which you can nominate a spouse, relative or other person you trust to make medical decisions for you when you are unable to do so, and in which you can set out your wishes as to the extent of medical care you want to receive in the case of imminent death from an irreversible condition, or in the case of a persistent vegetative state. An advance medical directive includes both a living will and a durable power of attorney for health care decisions. What is a power of attorney? A power of attorney is a written document authorizing another party to act as agent (attorney), with certain powers to act on behalf of the person who appointed the attorney (the "principal"). The agent’s power is revoked on the death of the principal by operation of law. Powers granted under a power of attorney can be either general or special. In other words, a power of attorney can grant complete authority or can be limited to certain acts and/or certain periods of time. In order to be valid, a power of attorney must be properly signed and witnessed, according to the laws of the region in which it is intended to be used. The principal must be of legal age, and of sound mind and capable of providing clear instructions to your attorney. As long as you are competent and legally capable, you have the right to revoke a power of attorney at any time. There are several different forms of power of attorney, including: General Power of Attorney: A general (or immediate) power of attorney gives your attorney the power to manage your assets and financial affairs as long as you are alive. You can appoint your attorney for a fixed period and revoke the appointment at any time, providing you are still legally capable of doing so. Your appointed attorney can only act on your behalf as long as you are still living. Upon your death, the executor you named in your Will takes over the administration of your estate. Durable Power of Attorney: A durable (or enduring) power of attorney is valid even if you become incapacitated and unable to handle your own affairs. A regular durable power of attorney becomes effective as soon as it is signed. A "springing" durable power of attorney does not become effective unless and until you actually become incapacitated. Both types of durable power of attorney remain valid and in effect until you specifically revoke or cancel the power of attorney or until you die (and your attorney in fact can still act on your behalf until actual notice of your death is received). Both types of durable power of attorney allow your attorney in fact to deal with the financial and property matters you specify in the document. You may not want your attorney in fact to have authority over certain assets, such as a mutual fund you want to pass by will, or your house. Upon your death, the executor you named in your Will takes over the administration of your estate. Limited Power of Attorney: A limited (or special) power of attorney gives your attorney only very specific powers, so that he or she can handle a particular matter if you are unable to deal with it for any reason (such as buying or selling property, signing legal documents for a transaction, etc). Typically, a limited power of attorney dealing with real estate transactions will need to recorded in a title office or land registry.
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