Durable Medical Power of Attorney

A Durable Power of Attorney for Health Care Decisions is sometimes called the Healthcare Power of Attorney. It is a signed and witnessed or notarized legal document that allows a person to designate an agent to make health care decisions for him/her during a period of disability or incapacity. (The person who holds the power of attorney is called the healthcare agent or proxy.)

The terms of the document may be fairly general or very specific, as desired. The powers granted usually include the power to make decisions regarding hospitalization, choice of physicians and long term care. The document also may include the power to refuse or withdraw consent for the use of life sustaining procedures, even when the person is in a coma or persistent vegetative state, and for organ donation and autopsy.

This document may be used to nominate a guardian for personal affairs and/or a conservator for financial matters, in the event one needs to be appointed by a court.  However, with appropriate planning that should not be necessary.  (Learn about Disability Trustees)

To be valid under Kansas law.  The person granting a Medical Power of Attorney must be an adult (at least 18 years old) and competent when the document is signed.  A person is generally assumed to be competent and does not need to prove it in the absence of actual notice to the contrary.  Witnesses may not be relatives or have a financial interest in the person's medical care or estate.  The Healthcare Power of Attorney may be effective immediately, or may be made effective only when the person lacks the capacity (as determined by a physician) to make or communicate decisions.  The healthcare agent may not cancel the person's Living Will unless specific authorization is given.

Get a Free Form of a Medical Power of Attorney from Kansas Health Ethics, Inc.