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What You Can Cover in Your Health Care Directives


 

Organ Donation and Body Disposition

Most of your agent’s authority under a durable power of attorney for health care will end upon your death. In an increasing number of states, however, you can give your agent permission to oversee the disposition of your body, including authorizing an autopsy or carrying out your wishes for organ donation. If you want your agent to have these powers, you should say so in your power of attorney document. 

If you have specific wishes about these matters, your living will is a good place to write them down. Your agent is legally required to follow your instructions whenever possible.  

Limiting Your Health Care Agent's Authority

Keep in mind that as long as you are able to understand and communicate your own wishes, your agent cannot override what you want. Your agent steps in only if you can no longer manage on your own.

In addition, as mentioned, you are permitted to restrict your agent's authority in any way that you like. For example, some people give their health care agent only the authority to carry out the health care wishes specified in their living will, and not to make other medical decisions for them.

Think carefully, however, before you add limiting language to your power of attorney. One of the most important reasons for appointing a health care agent is so that someone will be there to respond to the needs of your situation as it develops. Your medical needs may change in ways that you cannot now foresee, and an agent who has full power can act for you no matter what the circumstances.

Choosing Your Health Care Agent

If you need help picking the right person to oversee your medical care, see Choosing Your Health Care Agent.

Copyright 2007 Nolo

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