Advance Directives are a legal document that describes the kinds of procedures you would want (or don't want) in the event that you are unable to communicate or make decisions for yourself. We recommend you appoint someone to speak on your behalf should you be unable to. This person is called a Durable Power of Attorney for Health Care. Please ask your social worker for these forms to complete.

Every person over the age of 18 years should consider executing a durable power of attorney. More specifically, all persons wishing to avoid Court involvement and at the same time provide for the continued management of their assets and health care in the event of physical or mental incapacity should have a durable power of attorney in place.

A general durable power of attorney is a document in which you empower another to conduct your business affairs. It is durable because it continues to be valid is you become incapacitated.

The durable power of attorney for healthcare is a document that allows patients to specify in advance who should make healthcare decisions for them should they become unable to make their own health care decisions. The individual named is the agent or attorney-in-fact for the patient.

Yes. Like most legal and financial decisions, there are advantages and disadvantages to the durable power of attorney. The advantages include relatively low cost, privacy, the opportunity to select dependable people and, until incapacity actually occurs, the opportunity to revoke or change the power of attorney.

For other States visit The State Department of Health website in your state. There is usually no charge for these documents.

A Durable Power of Attorney gives you the right to name someone you trust to manage your affairs (pay your bills, write checks on your account, buy and sell property, make investments, etc.) while you are in a state of incapacity ? whether or not you will recover. You decide whether you want this power to become effective when you sign the document or if you would rather have it take effect when you become disabled. Your DPOA ceases to be effective upon your death.

If properly drafted and executed, a durable power of attorney will continue indefinitely so long as there is not a stated termination date and provided the power is not limited to a particular transaction. The principal may, however, revoke the powers and duties delegated to an agent. A revocation should be made in writing and acknowledged in the same manner as the durable power of attorney. A power of attorney is automatically revoked upon the death of the principal.

Without a properly executed durable power of attorney, nobody, including your spouse, has the authority to make decisions on your behalf. The assets of a disabled individual will likely be frozen and inaccessible and no one will have authority to make medical decisions for you. Without advance directives, life-prolonging treatments that the patient may not have otherwise desired will probably continue.

Unless the power of attorney is "springing," it takes effect as soon as it is signed by the principal. A "springing" power of attorney takes effect only when and if the event described in the document itself takes place. Typically, this is the incapacity of the principal. In most cases, even when the power of attorney is immediately effective, the principal does not intend for it to be used until he or she becomes incapacitated.

Any adult of sound mind may complete a durable power of attorney for healthcare. Living wills and durable powers of attorney for healthcare are often prepared without the assistance of lawyers by using standard forms. The durable power of attorney for healthcare document must be witnessed by two adults or notarized. Such documents and procedures vary by state.

The difference has to do with when the power of attorney goes into effect. With LegalZoom, you may choose either (1) that your power of attorney will be effective immediately and will not be affected by any subsequent disability or incapacity (commonly referred to as a Durable Power of Attorney) or (2) that you do not wish to have your power of attorney go into effect until a doctor certifies that you have become incapacitated (what is commonly known as the "Springing" Power of Attorney).