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Expires automatically if the signer becomes mentally incapacitated or dies.

Often used when the signer cannot be physically present for a transaction, as when an out-of-town signer names someone to sign legal papers for her at a house closing. Power of Attorney: Allows a competent adult to name another person, called her “Attorney-in-Fact,” to conduct business transactions, such as pay bills, collect rents, etc. Here’s a brief description of the various documents by which people can make decisions for others.

TOP What’s the difference between a Health Care Proxy and a guardianship? Why can’t our practice simply make copies of the form to distribute to patients? Can her Agent donate my patient’s organs?Ĭan an Agent of an invoked HCP transfer that right to another person?Ĭan the Agent give permission for our facility to release information to other family members regarding our patient’s medical condition?Ĭan we contact the Alternate if the Agent hasn’t responded to phone calls in several weeks?Īs a physician, what if I don’t agree with the Agent’s decision about care for my patient? Who can make health care decisions for our incapacitated resident?Ĭan my patient’s Agent make mental health treatment decisions?Ĭan an Agent get information about our patient who never listed the Agent on his HIPAA waiver? What’s the difference between “capacity” and “competency”?Ĭan a nurse practitioner make the written determination of incapacity to activate a Health Care Proxy? Should we honor a Proxy with the name of a health care organization at the top of the form?Ĭan my patient complete a Proxy for his son in a Massachusetts college? Which Health Care Proxy should we honor–the one our resident signed on admission a month ago, or one he signed last week but has only one witness signature? Should I honor my patient’s Rhode Island Durable Power of Attorney form? What’s the difference between a Health Care Proxy and a guardianship?Ĭan my patient name both her husband and her daughter as co-Health Care Agents?Īs a social worker, can I be a witness to our resident’s Health Care Proxy?