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Redacted Document Sample - Sample
Health Care Power of Attorney On Will Document Package
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The following is a redacted sample of the Introductory material included in our Marital Will Packages. There will be some deviations in some states. Documents in the packages are in both Microsoft Word and Rich Text Format. Documents include an automated merge template system which permits you to insert your personal information and merge that information into your customized will document. You can view other portions of the product by clicking on the following links: Format Will (both husband and wife included in package); Health Care Power of Attorney (both husband and wife included in package); General Durable Power of Attorney (both husband and wife included in package); Background/Introduction; Instructions |
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DOCUMENT BEGINNING Power
Of Attorney For Health Care For «HusbandName» 1. NOTICE TO PERSON MAKING THIS DOCUMENT:
You have the right to make decisions about your health care. No health
care may be given to you over your obj [Portion Redacted - Included In Fully Licensed
Version] nd necessary
health care may not be stopped or withheld if you object. Because
your health care providers in some cases have not had the opportunity
to establis [Portion Redacted - Included In Fully Licensed
Version] r beliefs
and values and the details of your family relationships. This poses
a problem if you beco [Portion Redacted - Included In Fully Licensed
Version] me physically
or mentally unable to make decisions about your health care. In
order to avoid this problem you may sign this legal document to specify
the person whom you want to make health care decisions for you if you
are unable to ma [Portion Redacted - Included In Fully Licensed
Version] e
decisions personally. That person is known as your health care agent.
You should take some time to discuss your thoughts and beliefs about
medical treatment with the person or persons whom you have specified.
You may state in this document a [Portion Redacted - Included In Fully Licensed
Version] s
of health care that you do or do not desire, and you may limit the authority
of your health care agent as you wish. If your health care agent is
unaware of your desires with respect to a particular health care decision,
he or [Portion Redacted - Included In Fully Licensed
Version]
required to determine what would be in your best interests in making
the decision. This
is an important legal document. It gives the person whom you specify
broad powers to make [Portion Redacted - Included In Fully Licensed
Version] e
decisions for you. It revokes any prior power of attorney for health
care t [Portion Redacted - Included In Fully Licensed
Version] ou
have made. If you change your mind about whether a person should make
health care decisions for you, or about which person that should be,
you may revoke thi [Portion Redacted - Included In Fully Licensed
Version] at
any time by destroying the document or directing another person to destroy
it in your presence, revoking it in written statement which you sign
and d [Portion Redacted - Included In Fully Licensed
Version] ing
that it is revoked in the presence of two witnesses. If you revoke,
you should notify the person you had specified, your health [Portion Redacted - Included In Fully Licensed
Version]
and any other person to whom you have given a copy. If the person you
have specified is your spouse and your marriage is annulled or you are
divorced after signing this document, [Portion Redacted - Included In Fully Licensed
Version] ment
is invalid. Do not sign this document
unless you clearly understand what it means.
It is suggested that you keep the original of this document on
file with your physician. Instrument
made on this ____ day of _____________, 200___. 2.
CREATION OF POWER OF ATTORNEY
FOR HEALTH CARE: TO
MY FAMILY, DOCTORS AND ALL THOSE CONCERNED WITH MY CARE: I, «HusbandName», being
of sound [Portion Redacted - Included In Fully Licensed
Version] d by
this document to create a power of attorney for health care. My ex [Portion Redacted - Included In Fully Licensed
Version] is power
to create a power of attorney for health care is voluntary. I expect,
despite the creation of this power of attorney for health care, to be
fully informed about and allowed to participate in any health care d [Portion Redacted - Included In Fully Licensed
Version] n for
me, to the extent that I am able. For the purposes of this document,
"health care decision" means an informed decision in the exercise
of my right to accept, maintain, discontinue or refuse any care, treatment
service or procedure to maintain, diagnose or treat [Portion Redacted - Included In Fully Licensed
Version] l or
mental condition. 3.
DESIGNATION OF HEALTH CARE
AGENT: If I am no longer able to make health care decisions
for myself, due to my incapacity, I hereby designate
«WifeName» to be
my health care agent for the purpose of making health car [Portion Redacted - Included In Fully Licensed
Version] decisions
on my behalf. If she is ever unable or unwilling to do so, I hereby
designate «HusbandHCPA_1», «HusbandHCPA_1_Add»,
«HusbandHCPA_1_CSZ»: «HusbandHCPA_1_Phone», to
be my alter [Portion Redacted - Included In Fully Licensed
Version] sions
on my behalf. If «HusbandHCPA_1» is unable
or unwilling to act as my health care agent, I hereby designate «HusbandHCPA_2», «HusbandHCAP_2_Add», «HusbandHCPA_2_CSZ»: «HusbandHCPA_2_Phone». Neither
the health care agent or the alter [Portion Redacted - Included In Fully Licensed
Version] ts whom
I have designated are my health care provider, an employee of my health
care provider or an employee of a health care facility in which I reside
or am a patient or a spouse of any
of those persons, or, if he or she is that health care provider or employee
or spouse of that health care provider or employe [Portion Redacted - Included In Fully Licensed
Version] e or
she is also my relative. For purposes of this document, "incapacity"
exists if 2 physicians or a physician and psychologist who have personally
examined [Portion Redacted - Included In Fully Licensed
Version] a statement
that specifically expresses their opinion that I have a condition that
means that I am unable to receive and evaluate information effectively
or to communicate decisions to such an extent that I lack the capacity
to manage my health ca [Portion Redacted - Included In Fully Licensed
Version] copy
of that statement, if made, must be attached to this document. 4.
GENERAL STATEMENT OF AUTHORITY
GRANTED: Unless I have specified otherwise in this document,
if I ever have incapacity I instruct my health care provider to [Portion Redacted - Included In Fully Licensed
Version] the
health care decision of my health care agent for all of my health care.
I have discussed my desires thoroughly with my health care agent and
believe t [Portion Redacted - Included In Fully Licensed
Version] e
or she understands my philosophy regarding the health care decisions
I would make if I were so able. I desire that my wishes be carried out
through the authority given to my health care agent und [Portion Redacted - Included In Fully Licensed
Version] ocument. My
health care agent is instructed that if I am unable, due to my incapac [Portion Redacted - Included In Fully Licensed
Version] ke
a health care decision he or she shall make a health care decision for
me, except that in exercising the authority given to h [Portion Redacted - Included In Fully Licensed
Version]
her by this document my health care agent should try to discuss with
me any specific proposed health care if [Portion Redacted - Included In Fully Licensed
Version] e
to communicate in any manner, including by blinking my eyes. If this
communication cannot be made, my health care agent shall base his or
her health care decisions on any health care choices that I have expressed
prior to the time of the decision. If I hav [Portion Redacted - Included In Fully Licensed
Version] pressed
a health care choice about the health care in question and communication
cannot be made, my health care agent shall base his or her health care
decision on what he or she believes to be in my best interest. 5.
LIMITATIONS ON MENTAL HEALTH
TREATMENT: My heal [Portion Redacted - Included In Fully Licensed
Version] gent
may not admit or commit me on an inpatient basis to an institution for
mental diseases, an intermediate care facility for the mentally retarded,
a sta [Portion Redacted - Included In Fully Licensed
Version]
facility or a treatment facility. My health care agent may not consent
to experimental mental health research or psychosurgery, electroconvulsive
treatment or other drastic mental health treat [Portion Redacted - Included In Fully Licensed
Version] edures
for me. 6.
ADMISSION TO NURSING HOMES
OR COMMUNITY-BASED RESIDENTIAL FACILITIES: My health care agent
may admit me to a nursing home or community-based residential facility
for short-term stays for recuperative care or respite care. If
I am diagnosed as mentally ill or developmentally disabled, my health
care agent may not admit me to a nursing home or community-based residential
facility for a purpose other than recuperative care or respite care. If
I am not diagnosed as mentally ill or developmentally disabled, and
if I have checked "Yes" to the following, my health care agent
may admit me for a purpose other than recuperative care or respite care
to: (1)
A nursing home ___X__Yes ______No (2)
A community-based residential facility ___X__Yes ______No If
I have [Portion Redacted - Included In Fully Licensed
Version]
checked either "Yes" or "No" to admission to a nursing
home or community-based residential facility for a purpose other then
recuperative care or respite care, my health care agent may o [Portion Redacted - Included In Fully Licensed
Version] t
me for short-term stays for recuperative care or respite care. 7.
PROVISION OF NUTRITION AND
HYDRATION: If I have checked "Yes" to the following,
my health care agent may have nonorally ingested nutrition and hydration
wit [Portion Redacted - Included In Fully Licensed
Version] rawn
from me, unless my physician has advised that, in his or her professional
judgement, this will cause me pain or will reduce my comfort. If I [Portion Redacted - Included In Fully Licensed
Version] ed
"No" to the following, my health care agent may not have nonorally
ingested [Portion Redacted - Included In Fully Licensed
Version] and
hydration withheld or withdrawn from
me. My
health care agent may [Portion Redacted - Included In Fully Licensed
Version] ve
orally ingested nutrition or hydration withheld or withdrawn from [Portion Redacted - Included In Fully Licensed
Version] s
provision of the nutrition or hydration is medically contraindicated.
Withhold
or withdraw non-orally ingested nutrition and hydration ______Yes ______No If
I have [Portion Redacted - Included In Fully Licensed
Version]
checked either "Yes" or "No" to withholding or withdrawing
nonorally ingested nutrition and hydration, my health care agent [Portion Redacted - Included In Fully Licensed
Version]
not have nonorally ingested nutrition and hydration withdrawn from me. 8. HEALTH
CARE DECISIONS FOR PREGNANT WOMEN: If [Portion Redacted - Included In Fully Licensed
Version] ve checked
"Yes" to the following, my health care agent may make health
care decisions for me even if my agent knows I am pregnant. If I have
check [Portion Redacted - Included In Fully Licensed
Version] o the
following , my health care agent may not make health care decisions
for me if my health care agent knows I am pregnant. Health
care decisio [Portion Redacted - Included In Fully Licensed
Version]
am pregnant _____Yes _____No If
I have not checked either "Yes" or "No" to permitting
my health care agent to make h [Portion Redacted - Included In Fully Licensed
Version] are
decisions for me if I am known to be pregnant, my health care agent
may not make health car [Portion Redacted - Included In Fully Licensed
Version] sions
for me if my health care agent knows I am pregnant. 9.
STATEMENT OF DESIRES, SPECIAL
PROVISIONS OR LIMITATIONS: In exercising authority under this
document, my health care agent shall act consisten [Portion Redacted - Included In Fully Licensed
Version] my
following stated desires, if any, and is subject to any special provisions
or limitations that I specify. The following are any [Portion Redacted - Included In Fully Licensed
Version]
desires, provisions or limitations that I wish to state (add more items
if needed): (1) (2) (3)
10. INSPECTION AND DISCLOSURE OF INFORMATION
RELATING TO MY PHYSICAL OR MENTAL HEALTH: Subject [Portion Redacted - Included In Fully Licensed
Version] imitations in this documentation, my health care agent has
the authority to do all of the following: (1) Request, review and receive any information,
verbal or written, regarding my physical or mental health, including
medical and hospital records. (2) Execute on my behalf any documents that may be
required in order to obtain this information. (3) Consent to the disclosure [Portion Redacted - Included In Fully Licensed
Version] his information. 11. SIGNING
DOCUMENTS, WAIVERS RELEASES: Where necessary to implement
the health care decisions that [Portion Redacted - Included In Fully Licensed
Version] h
care agent is authorized by this document to make, my health care agent
has the authority to execute on my behalf any of the following: (1) Documents titled or purporting to be a "Consent
Permit Treatment," "Refusal to Pe [Portion Redacted - Included In Fully Licensed
Version] ment," or "Leaving
Hospital Against M [Portion Redacted - Included In Fully Licensed
Version] Advice." (2) A waiver or release from liability required by
a hospital or physician. 12.
SIGNATURE OF PRINCIPAL:
(Person Creating the Power of Attorney for Health Care) Signature__________________________________________________ «HusbandName» 13.
STATEMENT OF WITNESSES:
I know the princ [Portion Redacted - Included In Fully Licensed
Version] lly
and I believe him or her to be of sound mind and least 18 years of age.
I believe that his or her execution of this power of attorney for health
care is voluntary. I am at least 18 ye [Portion Redacted - Included In Fully Licensed
Version]
and am not related to the principal by blood, marriage or adoption.
I am not a health care provider who is serving the principal at this
time. [Portion Redacted - Included In Fully Licensed
Version]
best of my knowledge, I am not entitled to and do not have a claim on
the principal's estate. Witness #1: Print
Name: «Witness_1» Date: _____/_____/ 200___ Address:
Signature:_______________________________________________________ Witness #2: Print
Name: «Witness_2» Date:
_____/_____/ 200___ Address:
Signature:______________________________________________________ 14.
STATEMENT OF HEALTH CARE AGENT:
I understand «HusbandName» has designated me to be his
health care agent if [Portion Redacted - Included In Fully Licensed
Version]
found to have incapacity and unable to make health care decisions himself.
«HusbandName» has discussed
his desires regarding health care decisions with me. Print
Name: «WifeName» Date:
_____/_____/ 200___ Address:
Signature:______________________________________________________ 15.
STATEMENT OF FIRST ALTERNATE
HEALTH CARE AGENT: I understand that «HusbandName» has
designated me to [Portion Redacted - Included In Fully Licensed
Version] is health
care agent if he is ever found to have incapacity and unable to make
health care decisions himself and if the [Portion Redacted - Included In Fully Licensed
Version] nated
as health care agent is unable or unwilling to make those decisions. «HusbandName» has discussed
his or her desires regarding health care decisions with me. Print
Name: «HusbandHCPA_1» Date: _____/_____/ 200___ Address:«HusbandHCPA_1_Add» «HusbandHCPA_1_CSZ» Telephone:«HusbandHCPA_1_Phone» Signature:_______________________________________________________ 16.
STATEMENT OF SECOND ALTERNATE
HEALTH CARE AGENT: I u [Portion Redacted - Included In Fully Licensed
Version] tand
that «HusbandName» has designated
me to be his health care agent if he is ever found to have incapacity
and unable to make health care decisions himself and if [Portion Redacted - Included In Fully Licensed
Version] erson
designated as first alternate health care agent is unable or unwilling
to make those decisions. «HusbandName» has
discussed his or her desires regarding health care decisions with me. Print
Name: «HusbandHCPA_2» Date: _____/_____/ 200___ Address:
«HusbandHCAP_2_Add» «HusbandHCPA_2_CSZ» Telephone:
«HusbandHCPA_2_Phone» Signature:_______________________________________________________ Failure to execute a power of attorney for health care document under chapter [Portion Redacted - Included In Fully Licensed
Version] Statutes creates no presumption about the intent of any individual with regard to his or her health care decisions. This
power of attorney for health care is executed as provided in chapter
[Portion Redacted - Included In Fully Licensed
Version] ues.
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| You can view other portions of the product by clicking on the following links: Format Will (both husband and wife included in package); Health Care Power of Attorney (both husband and wife included in package); General Durable Power of Attorney (both husband and wife included in package); Background/Introduction; Instructions |