State Laws Legal Health Care

All States allow a person to make decisions concerning their health care.  A Medical Health Care Directive allows a person to make decisions about future health care in the event that the person is unable to state his or her desires at the time the decision is necessary.  All State laws vary, but the instruments generally used are a (1) Power of Attorney for Health Care, sometimes called a Medical Power of Attorney or Health Care Proxy, and a (2) Living Will.

Power of Attorney for Health Care
A Power of Attorney for Health Care allows you to appoint a person to make medical decisions for you in the event you are unable to do so.

Living Will
A Living Will is an instrument that puts in writing your wishes concerning medical treatment in the event you are unable to make the decision.  An example would be your decision to withhold life support if you are determined to be terminally ill.

Locate Medical Forms - You can search for health care directives, Power of Attorneys for health care, or Living Wills  for your State by using the following searches:
Power of Attorney - Look for the word "medical" or "health" in the form title.
Living Will

Also available - Elder Law Questionnaire, Estate Planning Questionnaire, Living Will Questionnaire.

Health Care FAQ Medical Forms

What is a Power of Attorney? A power of attorney is an instrument containing an authorization for one to act as the agent of the principal that terminates at some point in the future either by its terms or by operation of law such as death of the principal or agent. These have also been called letters of attorney.  The person appointed is usually called an Attorney-in-Fact. The person making the power of attorney appointment is called the principal.

What are the types of Power of Attorney forms available? Power of Attorney forms are available as follows: Child Care, Durable, General, or Limited/Special.

What is a Durable Power of Attorney? A durable power of attorney is a power of attorney that remains or becomes effective upon the principal's becoming incompetent or unable to manage his or her affairs.

What is a Durable Power of Attorney for Health Care? A durable power of attorney for health care is a power of attorney where the principal appoints an agent to make health care decisions for the principal and it remains effective even after the incompetence of the principal.  It is often used as a form of advance health care directive.  Compare this to a living will where the person states his or her wishes in case of medical treatment.

What is a General Power of Attorney? A general power of attorney is a power of attorney authorizing the agent to carry on business or an enterprise for the principal and usually has broad powers.

What is a Special or Limited Power of Attorney? A special or limited  power of attorney is a power of attorney authorizing the agent to carry out a particular business or transaction for the principal.

What is a Living Will Directive? A living will directive provides instructions to your physicians and family members regarding life prolonging treatment and artificially provided nutrition and hydration to be provided to the grantor if he or she no longer has the decisional capacity, a terminal condition, or becomes permanently unconscious.

What is an anatomical gift? An anatomical gift allows the donor to designate specific body parts and organs that he or she wishes to donate at the time of death.