Durable Power Of Attorney For Health Care Page 3

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10. When can the patient advocate act in my behalf?
The patient advocate can make decisions for you only when you are unable to participate in med
treatment decisions.
11. Why might I be unable to participate in medical treatment decisions?
You may become temporarily or permanently unconscious from disease, accident, or surgery. You may
be awake but mentally unable to make decisions about your care due to disease or injury. In
addition, you might have a temporary loss of ability to make or communicate decisions if, for example,
you had a stroke. Others might suffer long-term or permanent loss through a degenerative condition
such as Alzheimer’s disease.
12. Who determines that I am no longer able to participate in these decisions?
Your attending physician and one other physician or licensed psychologist will make that
determination. If your religious beliefs prohibit an examination to make this determination, and this is
stated in the designation document, you must indicate in the document how it would be determine
when the patient advocate exercises powers concerning decisions on your behalf.
13. What powers can I give a patient advocate?
You can give a patient advocate the power to make those personal care decisions you normally make
for yourself. For example, you can give your patient advocate power to consent to or refuse medical
treatment for you, to arrange for home health care or adult day care, arrange care in a nursing home,
or move you to a home for the aged. A patient advocate may also be empowered to make an
anatomical gift of all or part of the patient’s body. According to state law, if you were to become
incompetent while pregnant, your patient advocate could not authorize a medical treatment decision to
withhold or withdraw treatment from a patient who is pregnant that would result in the pregnant
patient’s death.
14. Can I give my patient advocate the authority to make decisions to withhold or withdraw
life-sustaining treatment, including food and water administered through tubes?
Yes, but you must express in a clear and convincing manner that the patient advocate is authorized to
make such decisions, and you must acknowledge that these decisions could or would allow your
death. If you have specific desires as to when you want to forego life-sustaining treatment, you
should describe in the document the specific circumstances in which he or she can act. You may also
include them as written instructions in your durable power document.
15. Do I have the right to express in the document my wishes concerning medical treatment
and personal care?
Yes. You might, for example, express your wishes concerning the type of care you want during
terminal illness. You might also express a desire not to be placed in a nursing home and a desire to
die at home. Your patient advocate has a duty to try to follow your wishes.
16. Is it important to express my wishes in the durable power of attorney for?
health care designating document?
Yes. Your wishes might not be followed if others are unaware of them. It can also be a great burden
for your patient advocate to make a decision for you without your specific guidance.

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