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Flashcards in Advance Healthcare Directives Deck (3)
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1

durable healthcare power of attorney

appoints an agent to make healthcare decisions on behalf of the principal and does not become effective until the principal becomes incapacitated

2

Most states require that living wills and durable healthcare powers be:

(i) in writing
(ii) signed by testator another at his direction
(iii) witnessed by two adult witnesses (most states provide agent can't be witness; some states don't require any witnesses for a durable healthcare power)

3

Even when a durable healthcare power is not properly witnessed, the agent may have authority to act

under a state's "family consent" statute which permit a close family member to act as a surrogate decisionmaker for a person who has not properly designated an agent under the state's durable healthcare power statute.