Legal Question in Health Care Law in Missouri
re: power of attorney for healthcare
what is the difference between durable or not in reguard to poa for healthcare...need something immediate, simple and irrevocable...can you help please...
1 Answer from Attorneys
Re: re: power of attorney for healthcare
A durable power of attorney for health care is a document that gives the person appointed as agent the power to make decisions for the principal. It is considered "durable" if it is meant to survive the incompetency of the principal. Thus many times when a person has a severe illness and does not know if they will be competent later (Alzheimers, for example) they issue a DPOA to someone to make their decisions.
No power of attorney is "irrevocable" since the agent serves at the pleasure of the principal and owes to them a fiduciary duty.
If you need something truly "irrevocable" (or as close to it as you can get under the law) my advice is to seek a guardianship/conservatorship over the person.
I hope this helps.
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