Healthcare Power of Attorney vs. Durable Power of Attorney

Craft Law Offices can help you get through complicated processes, including the procedures and paperwork of appointing a power of attorney. These documents help determine the distribution of your assets, as well as the amount/type of medical care you receive – but they can be complicated and confusing.

A Healthcare Power of Attorney gives you, the principal, the ability to choose and name a person that will be responsible for making any and all healthcare decisions if you are unable to do so. Typically, your Health Care POA document will detail exactly who will be able to make decisions for your care, and to what extent. To become a Health Care POA, you must be able to make health care decisions and be 18 or older.

A Durable Power of Attorney is a document that allows you to give another person the responsibility to make decisions regarding your finances and personal life, including paying your bills, and renting or selling your property. If you become unable to make your own decisions, a Durable POA will be able to make choices on your behalf.

The biggest difference between the two is that a Durable POA has a broader scope of the types of decisions they can make. Another difference is that a Healthcare POA only becomes activated when you are unable to make your own decisions. A Durable POA can be activated at any time, and this person can make choices on your behalf even when you are able to do so yourself.

Healthcare POA is useful in situations including medical emergencies, surgeries, and lifetime/long-term diseases. Appointing a Healthcare POA puts someone you trust in the position to make potential life-changing decisions for you, instead of leaving it up to a doctor. A Durable POA can be responsible in the same situations, plus more.

Limitations to Durable POA:

Power cannot be transferred.
Power to make decisions is only applicable while the principal is alive.
Power cannot go outside of what is outlined in the POA.

Limitations to Healthcare POA:

Only effective when the principal cannot make decisions for themselves.
Must adhere to the principal’s wishes.
Power to make decisions is only applicable while the principal is alive.

Whether you choose a Healthcare or Durable POA, you should choose someone that you trust to make decisions that you would be happy with. Whichever POA you decide to go with, Leslie Craft can help. With over 35 years of legal experience, Leslie will explain the process to you in a simple and clear manner you will understand. To schedule your free consultation, contact Craft Law Offices at 252-752-0297.