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WHO SHOULD I APPOINT AS MY ATTORNEY FOR PERSONAL CARE?

The Power of Attorney for Personal Care needs to clearly identify you with your full name in a similar way to your will. You want to make sure that the doctor or nursing home administrator who looks at a copy of the Power of Attorney for Personal Care will readily acknowledge that you are the person who made this document. Make sure your name on the document is the same as your name on all important documents. If it isn't then you will need a Names paragraph as in your Will.

It is important to include the word "revoke" and think about the effects of revoking any previous Power of Attorney for Personal Care. Bear in mind that you may have other specific Powers of Attorney for Personal Care filed with your hospital or long term care facility/nursing home already and you may be revoking them by making this new Power of Attorney for Personal Care. Other people may still be erroneously relying on your old document. You may need to advise others that an old document has been replaced.  

You need to appoint someone you trust. A Power of Attorney for Personal Care can easily be abused. The Donee (Attorney means the same thing) can use the document to instruct a doctor and a hospital to terminate all treatment and life support. That would be a serious problem for you and your family if that was not what you wanted. The person needs to have some knowledge and ability with regards to health issues. You need to include their exact name and spell it out in full.

You can have more than one Donee (Attorney). Two or three people can act together or individually as you specify. Sometimes choosing multiple Attorneys provides better protection against the stress of difficult decisions if they are forced to act together. Consider specifying what happens if one of the two or three dies before you; should the surviving Attorney(s) continue to exercise the power?


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