Florida Estate Planning by Leesha Newkirk-Crouch: Power of Attorney

"Normally, an attorney-in-fact can exercise power only if you are capable of exercising the same power. Therefore, the agent would not be able to act when you are incapacitated. A durable POA overcomes this problem. By including specific language, the POA is made durable and your agent will be able to exercise the powers you have granted after you become disabled. 

A DPA usually must be signed, notarized and must state that it shall be “durable” (meaning it will continue in effect after you become incapacitated). It terminates upon your death, at a time you specify, or if you cancel it while you are still competent.

A DPA for healthcare decisions generally gives the agent the following powers:

• The power to offer or deny consent for medical treatments so long as it doesn’t disagree with anything in your Living Will
• The power to decide what medical facilities you should go to;
• The power to decide which doctors and medical personnel you should see
• The power to go to court over whether you can receive or be withheld medical treatment;
• The power to decide how your body will be handled after death, often including organ donation, so long as it doesn’t disagree with anything in your Living Will
• Access to your medical records; and
• Visitation rights."

HG.org Worldwide Legal Directories

"A medical power of attorney (or healthcare proxy) gives someone else the legal right to make healthcare decisions for you. The person you appoint is usually referred to as your agent or attorney-in-fact. You can give your agent as much or as little authority as you choose, and in most states, you can include the same kind of instructions that you would implement in a Living Will. You can also set up the POA to begin only when specific criteria are met, if you prefer.