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Faizan
A person may use a power of attorney to make end-of-life decisions for another individual only if specifically granted that power in the POA document. If you would like to stop someone named as attorney-in-fact from pulling the plug on a loved one, your success will depend upon the content and scope of the language in the POA. If you believe your loved one’s agent is wrongfully using the POA to make health care decisions, you may be able to obtain an emergency injunction or restraining order from a court.
Types of Power of Attorney
A power of attorney is a powerful document. It is created and executed by the principal and names an agent to perform certain tasks on behalf of the principal. There are several types of POA, including general and limited, durable and nondurable, financial and health care. A general POA grants broad powers to the agent, whereas a limited POA only addresses certain specific areas in which the agent may act on behalf of the principal. A durable POA continues even if the principal is deemed incompetent, whereas a nondurable POA terminates upon incompetency. A financial POA is limited solely to financial and legal transactions, whereas a health care POA addresses the wishes and assertions of the principal pertaining to end-of-life or incompetency.
Health Care Agents
In order for an individual to be able to make end-of-life decisions for another, such as ceasing the use of life support, he must be named as health care agent under a specific POA known as a living will, which contains specified language. An advance directive applies during any medical event when the patient cannot speak for himself, but does not necessarily apply to an end-of-life situation absent the living will language. The only way for a health care agent to direct a doctor to pull the plug is if the dying individual executed an advance directive with living will specifications stating that he does not wish to linger on sustained life support.
Precise Language Required
It is vital for the physicians and hospital staff to follow the precise language in the living will. Some estate planning practitioners include living will language in an advance directive, although not all advance directives address end-of-life decisions. Therefore, make certain you carefully review the language of the purported health care power of attorney before end-of-life decisions are made to ensure that it specifically addresses the principal’s wishes when nearing death. If the document does not contain express and unequivocal language addressing end-of-life, it is a general advance directive and should not be used to direct a hospital to terminate life support.
Pursuing Court Intervention
If you believe a POA is being misused, you may be able to petition a court to temporarily enjoin, or stop, the hospital and agent from pursuing a termination of life support. By doing this, you can buy some time for the court to review the POA document to determine if it contains the precise language needed to address end-of-life decisions. In the event the court determines that the POA does not contain the requisite end-of-life language to allow the agent to terminate life support, it may elicit testimony from friends or relatives with direct knowledge of the person’s wishes.
Types of Power of Attorney
A power of attorney is a powerful document. It is created and executed by the principal and names an agent to perform certain tasks on behalf of the principal. There are several types of POA, including general and limited, durable and nondurable, financial and health care. A general POA grants broad powers to the agent, whereas a limited POA only addresses certain specific areas in which the agent may act on behalf of the principal. A durable POA continues even if the principal is deemed incompetent, whereas a nondurable POA terminates upon incompetency. A financial POA is limited solely to financial and legal transactions, whereas a health care POA addresses the wishes and assertions of the principal pertaining to end-of-life or incompetency.
Health Care Agents
In order for an individual to be able to make end-of-life decisions for another, such as ceasing the use of life support, he must be named as health care agent under a specific POA known as a living will, which contains specified language. An advance directive applies during any medical event when the patient cannot speak for himself, but does not necessarily apply to an end-of-life situation absent the living will language. The only way for a health care agent to direct a doctor to pull the plug is if the dying individual executed an advance directive with living will specifications stating that he does not wish to linger on sustained life support.
Precise Language Required
It is vital for the physicians and hospital staff to follow the precise language in the living will. Some estate planning practitioners include living will language in an advance directive, although not all advance directives address end-of-life decisions. Therefore, make certain you carefully review the language of the purported health care power of attorney before end-of-life decisions are made to ensure that it specifically addresses the principal’s wishes when nearing death. If the document does not contain express and unequivocal language addressing end-of-life, it is a general advance directive and should not be used to direct a hospital to terminate life support.
Pursuing Court Intervention
If you believe a POA is being misused, you may be able to petition a court to temporarily enjoin, or stop, the hospital and agent from pursuing a termination of life support. By doing this, you can buy some time for the court to review the POA document to determine if it contains the precise language needed to address end-of-life decisions. In the event the court determines that the POA does not contain the requisite end-of-life language to allow the agent to terminate life support, it may elicit testimony from friends or relatives with direct knowledge of the person’s wishes.
Posted in: Estate Laws
