Health Care: Durable Powers of Attorney
by: Wyoming Legal Services - Lander Office
BEGINNING JULY 1, 2005, ALL LIVING WILL, DURABLE POWERS OF ATTORNEY (DPOA) AND ORGAN DONATION DESIGNATION FORMS WILL BE REPLACED BY THE WYOMING ADVANCE HEALTH CARE DIRECTIVE FORM.
IF YOU EXECUTED THESE DOCUMENTS BEFORE JULY 1, 2005, THEY ARE STILL VALID. BUT, TO AVOID COMPLICATIONS IT IS RECOMMENDED THAT YOU CONSIDER REPLACING THEM WITH THE WYOMING ADVANCE HEALTH CARE DIRECTIVE FORM.
REMEMBER: IF YOU CHOOSE TO REPLACE A LIVING WILL, DPOA OR ORGAN DONATION DESIGNATION DOCUMENT WITH THE WYOMING ADVANCE HEALTH CARE DIRECTIVE, PLEASE DESTROY THE OUT DATED MATERIAL TO AVOID CONFUSION.
Basic Facts
What is a DPOA for Health Care?
When you give someone the power to make choices for you, you give them a Power of Attorney (POA).
When you give somebody a POA you are called "the principal" and the other person is called "the agent." (agent is also called an "attorney-in-fact).
You can give someone power to make choices about your health. When you give this kind of POA, it has a special name. It is called a Durable Power of Attorney for Health Care or DPOA.
Do I Get to Choose My Agent?
Yes. But, your agent should not be your doctor or someone who gives you health care.
What Kind of Power Should I Give My Agent?
Ask yourself these questions:
- Do I want my agent to be able to cut off life support?
- If I die, do I want my agent to donate my organs?
- If I die, do I want my agent to decide whether I am buried or cremated?
- Do I want my agent to be able to see all my health records?
- If my agent can't do her job, who do I want to take her place?
Use the answers to these questions when making your DPOA for Health Care.
Must My Agent Make All Health Care Choices for Me?
No. As long as you are able, you may make your own choices. This is true even if you have already given somebody a DPOA.
How Do I Give a DPOA for Health Care?
The DPOA for Health Care must be in writing and signed by you. You must do these things in order for your DPOA to work:
- Say in your DPOA that your agent can make "health care decisions" for you.
- Date and sign your DPOA.
- Notarize your DPOA.
- Have two people watch you sign the DPOA. These witnesses should also sign the DPOA.
Can Anyone Witness my DPOA for Health Care?
No. There are limits on who can be your witness.
- Your agent cannot be your witness.
- Your doctor cannot be your witness.
- Only one witness can be in your family or in your will.
Can I Take Away the DPOA for Health Care?
Yes. You can do this by telling your agent and your doctor in writing.
Do I Need a Lawyer to Give a DPOA for Health Care?
No, you do not have to have a lawyer. But, if you are unsure, asking a lawyer can help you make sure that your DPOA works the way you want it to.
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For more information see:
[Powers of Attorney][More on Powers of Attorney][Wyoming Advance Health Care Directive form]
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