does a power of attorney give the right to make healthcare decisions when the person in question is competent?

Question

what exactly can a power of attorney allow

Answer 1

A general power of attorney only allows a person to make financial decisions. Speak for and in behalf of the person who has legally given them that right. If a person is competent mentally in their health care issues they don't need to sign over a power of attorney, however there is a separate one for health. Also some people do sign a living will or right to die.. which only means they do not want any artificial means to keep them alive in the event they are dying.

Answer 2

Yes, but no. Let me explain. Someone competent can take away the power of attorney that they have given if they disagree with the decision you have made. So while you can make decisions on the person's behalf, you really can't go against their wishes and retain the power of attorney. If they are incapable of making a decision, that's a different situation of course.

Answer 3

People can have POA's for care or for finances.
Usually the decision making doesn't come into play until the person is deemed incompetent usually by means of illness such as Alzheimers, or stroke, coma etc. If a person is competent then it would be odd for a POA to be making any decisions. I am a nurse and have had to deal with these situations before, but never for someone who is still considered competent. A POA is usually responsible for making sure that the person wishes are met and speaks on behalf of that person. Certain situations may require a POA to make decisions which may have not been explored with the person, which is why it is important to choose a POA that you know will act on your best interests. I would always recommend that everyone has a living will at one point in their life...it can save alot of grief for anyone, such as next of kin, when it comes to deciding medical care for you.

Answer 4

As far as a health care power of attorney goes, it comes into play when the person granting the power to another is unable to make decsisions for themselves. As an example, if a person is in a car wreck and is in a coma, the person holding the power of attorney would be able to make medical decsions on the victim's behalf. On the other hand, if the victim is conscience and able to make decisions, the person holding the power of attorney has no authority unless explictly authorized to do so by the victim or a court order.

Interestingly, a lot of Jehovah's Witnesses in the U.S. have granted medical power of attorney to members of their congregations in cases where a medical decsision regarding the use of blood transfusions becomes necessary. They do this because they believe that blood transfusions are against the Bible and so that family who aren't Jehovah's Witnesses won't be able to authorize blood transfusions.

Answer 5

if a person is competent to make their own decisions then a power of attorney is not necessary. An power of attorney should never be unlimited, as without fail, someone always misuses it. They should be limited in nature, and divided among several people so that no one person has all the control over finance and health care concerns. It also helps relieve the burden of responsibilty from just one person along them to focus on their assigned duty. They can be as broad an open as your imagination allows or as task specific as you choose.

Answer 6

I have a power of attorney statement and I am fully competent. But in case of my not being competent, the person(s) listed can take care of my personal finances and make health decisions in my place. But far as health is concerned I have listed those things that I do not want to be done to me if I should have them. Such as if I am a vegetable, I don't want to be kept on life support etc. But no one can have power of attorney as long as I am competent and able to handle these things my self.

Answer 7

If your a medic as your nick name suggests than you know better than those that have answered thus far, that people get POA's IN CASE they are incapacitated. Than someone can make health care decisions for them. If they have a POA and they are competent than the pt and the pt only can make decisions for themselves the person with POA does not have that right at that point.

Answer 8

My I suggest that you please remove your question and re-write your question.

Unable to answer your question as I don't really see any logic. Why would a person who is "competent", give away his/her power of attorney in making decisons related to their own health care. Especially when it could be a life or death decision.

Power of Attorney, is usually given my a court order if the person is not competent to make decison for themselves.

Or the person is aware that their mental state of mind is not very well and they themselves give another trusted person the power of attorney to make decisions pertaining to their health care.

If the person in question is "competent", and they gave you power of attorney, you can make any decision in their health care, provided that your decision follows the ethical guidlines of the practice of medince.

Best I can do, because I fail to see the logic in your question.

Clinical Psychiatrist, France

Answer 9

i am my mothers poa and i can make all financial and medical decisions. i could even sell her house we live in if i want to. but poa ceases at time of death. if somebody else is executor of her will then at time of death they will take over in the decision making . if you are the executor then that would be better for you. i am my mothers poa but my brother is executor of the will, so right now i make all the decisions but at her time of death my poa is no longer any good. he will come in and take over. i hope you are not in a situation like mine.

Answer 10

There is a " Healthcare POA " that you can appoint in case you are unable to make those decisions yourself.