DURABLE POWER OF ATTORNEY FOR HEALTH CARE
THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS
DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS:
Except to the extent you state otherwise, this document gives the person you name as
your agent the authority to make any and all health care decisions for y ou when you are
no longer capable of making them yourself. Health care means any treatm ent, service or
procedure to maintain, diagnose or treat your physical or mental condition. Your age nt,
therefore, can have the power to make a broad range of health care decisions for you.
Your agent may consent, refuse to consent, or withdraw consent to medical treatme nt and
may make decisions about withdrawing or withholding life-sustaining treat ment. Your
agent cannot consent or direct any of the following: commitment to a st ate institution,
sterilization, or termination of treatment if you are pregnant and if the withdrawal of that
treatment is deemed likely to terminate the pregnancy unless the fa ilure to withhold the
treatment will be physically harmful to you or prolong severe pain which c annot be
alleviated by medication.
You may state in this document any treatment you do not desire, except as stated above,
or treatment you want to be sure you receive. Your agent's authority will begin when your
doctor certifies that you lack the capacity to make health care deci sions. If for moral or
religious reasons you do not wish to be treated by a doctor or examined by a doct or for
the certification that you lack capacity, you must say so in the docum ent and name a
person to be able to certify your lack of capacity. That person may not be your agent or
alternate agent or any person ineligible to be your agent. You may attach additional pages
if you need more space to complete your statement.
If you want to give your agent authority to withhold or withdraw the artifi cial providing
of nutrition and fluids, your document must say so. Otherwise, your agent will not be able
to direct that. Under no conditions will your agent be able to direct the wi thholding of
food and drink for you to eat and drink normally.
Your agent will be obligated to follow your instructions when making decisi ons on your
behalf. Unless you state otherwise, your agent will have the same authori ty to make
decisions about your health care as you would have had if made consistent with state law.
It is important that you discuss this document with your physician or other he alth care
providers before you sign it to make sure that you understand the nature an d range of
decisions which may be made on your behalf. If you do not have a physician, y ou should
talk with someone else who is knowledgeable about these issues and can answer your
questions. You do not need a lawyer's assistance to complete this document, but if there
is anything in this document that you do not understand, you should ask a lawyer t o
explain it to you.
The person you appoint as agent should be someone you know and trust and must be at
least 18 years old. If you appoint your health or residential care provider (e.g. your
physician, or an employee of a home health agency, hospital, nursing home, or residential
care home, other than a relative), that person will have to choose between acting as your
agent or as your health or residential care provider; the law does not permi t a person to
do both at the same time.
You should inform the person you appoint that you want him or her to be your health
care agent. You should discuss this document with your agent and your physician and
give each a signed copy. You should indicate on the document itself the pe ople and
institutions who will have signed copies. Your agent will not be liable for health care
decisions made in good faith on your behalf.
Even after you have signed this document, you have the right to make heal th care
decisions for yourself as long as you are able to do so, and treatment cannot be given to
you or stopped over your objection. You have the right to revoke the authority granted to
your agent by informing him or her or your health care provider orally or in writing.
This document may not be changed or modified. If you want to make changes i n the
document you must make an entirely new one.
You should consider designating an alternate agent in the event that your a gent is
unwilling, unable, unavailable, or ineligible to act as your agent. Any a lternate agent you
designate will have the same authority to make health care decisions for you.
1. DESIGNATION OF HEALTH CARE AGENT.
I, ______________________________________________________________________ (Insert your name and address)
do hereby designate and appoint _____________________________________________ (Insert name, address, and telephone number of one
individual only as your agent to make health care decisions
for you. None of the following may be designated as your
agent: (1) your treating health care provider, (2) a
nonrelative employee of your treating health care provider,
(3) an operator of a community care facility, or (4) a
nonrelative employee of an operator of a community care
facility).
as my attorney in fact (agent) to make health care decisions for me as authorized in this
document. For the purposes of this document, "health care decision" means consent ,
refusal of consent, or withdrawal of consent to any care, treatment, service, or procedure
to maintain, diagnose, or treat an individual's physical condition.
2. CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE. By
this document I intend to create a durable power of attorney for health care . This power
of attorney shall not be affected by my subsequent incapacity.
3. GENERAL STATEMENT OF AUTHORITY GRANTED. Subject to any li mitations
in this document, I hereby grant to my agent full power and authority to make health care
decisions for me to the same extent that I could make such decisions f or myself if I had
the capacity to do so. In exercising this authority, my agent shall ma ke health care
decisions that are consistent with my desires as stated in this document or otherwise
made known to my agent, including, but not limited to, my desires concerning obt aining
or
refusing or withdrawing life-prolonging care, treatment, services, and procedures. (If you want to limit the authority of your agent to make
health care decisions for you, you can state the limitations
in paragraph 4 ("Statement of Desires, Special Provisions,
and Limitations") below. You can indicate your desires by
including a statement of your desires in the same
paragraph.)
4. STATEMENT OF DESIRES, SPECIAL PROVISIONS, AND LIMITATIONS.
(Your agent must make health care decisions that are
consistent with your known desires. You can, but are not
required to, state your desires in the space provided below.
You should consider whether you want to include a
statement of your desires concerning life-prolonging care,
treatment, services, and procedures. You can also include a
statement of your desires concerning other matters relating
to your health care. You can also make your desires known
to your agent by discussing your desires with your agent or
by some other means. If there are any types of treatment
that you do not want to be used, you should state them in
the space below. If you want to limit in any other way the
authority given your agent by this document, you should
state the limits in the space below. If you do not state any
limits, your agent will have broad powers to make health
care decisions for you, except to the extent that there are
limits provided by law.)
In exercising the authority under this durable power of attorney for health care, my agent
shall act consistently with my desires as stated. Additional sta tement of desires, special
provisions, and limitations: [None or State limitations]
(You may attach additional pages if you need more space to complete
your statement. If you attach additional pages, you must date and sign
each of the additional pages at the same time you date and sign this
document.)
5. INSPECTION AND DISCLOSURE OF INFORMATION RELATING TO M Y
PHYSICAL OR MENTAL HEALTH. Subject to any limitations in this document, my
agent has the power and authority to do all of the following: (a) Request, review, and receive any information, verbal or written, regarding my
physical or mental health, including, but not limited to, medical and hospital records. (b) Execute on my behalf any releases or other documents that may be required
in order to obtain this information. (c) Consent to the disclosure of this information.
(d) Consent to the donation of any of my organs for medical purposes.
(If you want to limit the authority of your agent to receive
and disclose information relating to your health, you must
state the limitations in paragraph 4 ("Statement of Desires,
Special Provisions, and Limitations") above.)
6. SIGNING DOCUMENTS, WAIVERS, AND RELEASES. Where necessary t o
implement the health care decisions that my agent is authorized by t his document to
make, my agent has the power and authority to execute on my behalf all of the following: (a) Documents titled or purporting to be a "Refusal to Permit Treatment" and
"Leaving Hospital Against Medical Advice." (b) Any necessary waiver or release from liability required by a hospita l or
physician.
7. DESIGNATION OF ALTERNATE AGENTS. (You are not required to designate any alternate agents but
you may do so. Any alternate agent you designate will be
able to make the same health care decisions as the agent
you designated in paragraph 1, above, in the event that
agent is unable or ineligible to act as your agent. If the
agent you designated is your spouse, he or she becomes
ineligible to act as your agent if your marriage is
dissolved.)
If the person designated as my agent in paragraph 1 is not available or becomes ineligible
to act as my agent to make a health care decision for me or loses the mental capacity to
make health care decisions for me, or if I revoke that person's appointment or authori ty to
act as my agent to make health care decisions for me, then I desig nate and appoint the
following persons to serve as my agent to make health care decisions for me as
authorized in this document, such persons to serve in the order listed
below: A. First Alternate Agent
_____________________________________________________________________
(Insert name, address, and telephone number of first alternate agent) B. Second Alternate Agent
_____________________________________________________________________
(Insert name, address, and telephone number of second alternate agent)
8. PRIOR DESIGNATIONS REVOKED. I revoke any prior durable power of attorney
for health care. DATE AND SIGNATURE OF PRINCIPAL
(You Must Date and Sign This Power of Attorney)
I sign my name to this Durable Power of Attorney for Health Care on
___________________ at _________________________________________________,
(Date) (City) (State)
_______________________________________________________________________
(You sign here)
STATEMENT OF WITNESSES
(This document should be witnessed by two qualified adult
witnesses. None of the following may be used as a witness:
(1) a person you designate as your agent or alternate
agent, (2) a health care provider, (3) an employee of a
health care provider, (4) the operator of a community care
facility, (5) an employee of an operator of a community
care facility, (6) your spouse, or (7) your lawful heirs or
beneficiaries named in your will or a deed. At least one of
the witnesses must make the additional declaration set out
following the place where the witnesses sign.)
The declarant has been personally known to me, and I believe (him/her) to be of sound
mind. I did not sign the declarant's signature above for or at the direction of the dec larant.
I am not a parent, spouse, or child of the declarant. I am not entitled to a ny part of the
declarant's estate or directly financially responsible for the declarant's medical c are. I am
competent and at least eighteen (18) years of age.
Witness Signature: ________________________________________________________
Print name: ______________________________________________________________
Date: _______________________ Residence address: _______________________
Signature: _______________________________________________________________
Print name: ______________________________________________________________
Date: _______________________ Residence address: _______________________
This Power of Attorney will not be valid without your signature and is
notarized.
NOTARY
State of Indiana
County of ___________________
On this _____ day of _______________ 20___ before me personally appeared ________________________________________________________________________
full name of signer of instrument) to me known (or proved to me on basis of sat isfactory
evidence) to be the person whose name is subscribed to this instrument, and
acknowledged that he/she executed it. I declare under penalty of perjury that the person
whose name is subscribed to this instrument appears to be of sound mind and under no
duress, fraud or undue influence.
_________________________________________________
Notary
Print Name of Notary: _______________________________
My Commission Expires:
______________________
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