Aspect | Health Care Power of Attorney | Durable Power of Attorney |
---|---|---|
Purpose | Designates 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 Authority | Limited 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 Trigger | Becomes 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 Parameters | Typically 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 Responsibilities | The 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 Requirements | Requires 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. |
Termination | May 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 Will | Often 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 Formalities | Requires 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. |
Duration | Remains 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.