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| Article - Abstract. To view full article click on the article title. | |
http://www.texmed.org/Template.aspx?id=65 Medical Ethics. Durable Power of Attorney. What is a Medical Power of Attorney? It is a document, signed by a competent adult, i.e., "principal," designating a person that the principal trusts to make health care decisions on the principal's behalf should the principal be unable to make such decisions. The individual chosen to act on the principal's behalf is referred to as an "agent." When does the Medical Power of Attorney go into effect and how long is it effective? It is effective immediately after it is executed and delivered to the agent. It is effective indefinitely unless it contains a specific termination date, it is revoked, or the principal becomes competent. When does the agent have the right to make health care decisions on the principal's behalf? An agent may make health care decisions on the principal's behalf only if the principal's attending physician certifies in writing that the principal is incompetent. The physician must file the certification in the principal's medical record. Can the agent make a health care decision if the principal objects? No. Treatment may not be given to or withheld from the principal if the principal objects. This is true whether or not the principal is incompetent. What health care decision making power does the Medical Power of Attorney grant to an agent? Under a Medical Power of Attorney, an agent is given wide latitude when consenting to treatment on the principal's behalf. However, an agent cannot consent to: Commitment to a mental institution, Convulsive treatment, Psychosurgery, Abortion, and Neglect of comfort care. Full Article: http://www.texmed.org/Template.aspx?id=65 |
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2006 Ethics-Governance.com |
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