Is the primary individual considered his/her own person who can make his/her own medical decisions even when incapacitated? 4 Answers as of April 18, 2014

A Durable Power of Attorney (DPOA) for healthcare allows an individual to nominate a patient advocate for medical decisions. The primary individual listed on the DPOA form is admitted to a nursing home and a copy of the DPOA form is never provided to the nursing home.

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Frederick & Frederick PLC | James P Frederick
The "principal" is allowed to make his/her own decisions, as long as he/she is able to. If two physicians certify in writing that the person is no longer capable of making their own decisions, then the agent would take over, under the POA.
Answer Applies to: Michigan
Replied: 4/18/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I'm afraid I do not understand your question. Generally a durable power of attorney for healthcare does not come into effect in less the individual who has become ill is incapable of expressing their instructions. Incapacitated is significantly different than having no contractual capacity.
Answer Applies to: Michigan
Replied: 4/18/2014
Law Offices of Jeffery L. Fanto
Law Offices of Jeffery L. Fanto | Jeffery L. Fanto
Is there a reason the Health Care Power of Attorney has not been provided? That would resolve any problems.
Answer Applies to: Michigan
Replied: 4/18/2014
Hamblin Law Office | Sally Hamblin
The key word is incapacitated. Would need to know how that is defined. If medical doctors have not deemed that person mentally incapacitated then that person can make decisions generally, if that person is capable. It all depends on the term incapacitated. If need be an attorney or next of kin would need to talk to doctors.
Answer Applies to: Michigan
Replied: 4/18/2014
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