What is the difference between health care power of attorney and durable power of attorney

 

AspectHealth Care Power of AttorneyDurable Power of Attorney
PurposeDesignates a specific individual to make healthcare decisions on behalf of the person granting the power.Grants authority to an agent (attorney-in-fact) to manage various financial and legal matters on behalf of the person granting the power.
Scope of AuthorityLimited to healthcare decisions, including medical treatment, end-of-life care, and other related matters.Broad authority, covering financial, legal, and business matters, such as banking, real estate transactions, and legal proceedings.
Activation TriggerBecomes effective when the individual is unable to make healthcare decisions or communicate their wishes.Can be effective immediately upon signing (immediate power) or activated based on a triggering event, such as incapacity (springing power).
Decision-Making ParametersTypically involves decisions related to medical treatments, surgeries, end-of-life care, organ donation, and other healthcare matters.Encompasses decisions related to financial transactions, legal affairs, property management, and other non-healthcare matters.
Agent's ResponsibilitiesThe appointed agent is responsible for ensuring that the individual's healthcare preferences and directives are followed.The agent has the authority to handle financial affairs, sign legal documents, and manage the individual's business matters in accordance with the power of attorney document.
Documentation RequirementsRequires a specific document known as a Health Care Power of Attorney or Medical Power of Attorney.Requires a document known as a Durable Power of Attorney, which can be general or limited in scope, specifying the powers granted to the agent.
TerminationMay be terminated by the individual granting the power at any time, as long as they are of sound mind.Can be terminated by the individual granting the power, but termination may depend on state laws and the terms specified in the power of attorney document.
Overlap with Living WillOften works in conjunction with a living will, allowing the agent to make decisions not covered by the living will.Complementary but distinct from a living will, as it focuses on appointing someone to handle financial and legal matters rather than healthcare decisions.
Legal FormalitiesRequires compliance with state-specific legal requirements for creating a valid Health Care Power of Attorney.Requires compliance with state laws regarding the creation and execution of a valid Durable Power of Attorney.
DurationRemains in effect until the individual revokes it, passes away, or until the purpose of the power is fulfilled (e.g., regaining capacity).May remain in effect until the individual revokes it, passes away, or as specified in the power of attorney document. Springing powers become effective upon a triggering event, such as incapacity.

In summary, a Health Care Power of Attorney focuses on healthcare decisions and becomes effective when an individual is unable to make such decisions. In contrast, a Durable Power of Attorney grants broad authority for financial and legal matters, can be effective immediately or upon a triggering event, and may remain in effect even if the individual becomes incapacitated.

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