Requirements for a Durable Power of Attorney for Healthcare

A durable power of attorney for healthcare is a legal document you use to plan for who will make decisions on your behalf when it comes to medical care you will receive when incapacitated. There may come a time when you suffer a serious illness or are badly hurt and you cannot make your wishes known regarding whether you want extraordinary measures taken to save your life or not.  You may also experience a medical emergency where someone has to decide on the care you will receive, but you cannot speak to express your preferences. 

Whenever you cannot communicate your own healthcare decisions, it is very important to make sure the right person is communicating on your behalf. The creation of a durable power of attorney for healthcare allows you to choose who will speak for you, rather than having families fighting over the right or having the courts decide. You can spare your family some tough choices and protect your medical autonomy by creating a durable power of attorney for healthcare before you need one.

Parman & Easterday can assist you in understanding the different ways you can take control over your healthcare decisions in case of incapacity. We can also help you to follow the proper legal protocols for creating a durable power of attorney for healthcare so you’ll be able to choose who acts for you. Give us a call today to find out more about how our  durable power of attorney lawyers can help.

What Do You Need to Create a Durable Power of Attorney for Healthcare?

Oklahoma requires notice to patients regarding their options for making an advanced plan addressing the type of healthcare they will receive. Mercy.net provides an example of the notice, which explains different approaches a patient can take to making decisions in advance about healthcare.  The advanced directives patients in Oklahoma may create include:

• A living will
• A healthcare proxy
• A durable power of attorney for health care
• Do-Not-Resuscitate consent

A durable power of attorney for healthcare is defined as: “a written document in which you name the person you want to make routine medical decisions for you. This person can also make decisions about life-sustaining treatment if you expressly give the person that power. It is used only if you are unable to make health care decisions for yourself.”

To create a durable power of attorney for healthcare, you must prepare a formal legal document which contains specific required language.  An example of a written document which can be used to create a durable power of attorney for healthcare can be found at Oklahoma’s legal aid website.

When you complete the form, you will need to provide your personal information including your name and social security number. You will need to include information about the person who you are designating to act as your agent. You should also include information about a backup agent who will act on your behalf if your first choice person cannot.

Two witnesses must sign the form and indicate that the person who created the durable power of attorney for healthcare is personally known to them; is at least 18; is of sound mind; and has declared the document is intended to be a power of attorney which is voluntarily executed. The witnesses cannot be related to the person creating the durable power of attorney. A notary public must also sign off on the document as well.

How Can a Power of Attorney Lawyer Help?

You do not want to take any chances when creating a durable power of attorney for healthcare, as a mistake could mean that your wishes are not respected in your time of medical emergency. By the time it becomes apparent that you did not follow the proper protocol for naming someone to make healthcare choices for you, it could be too late for you to fix the issue because you are already incapacitated.

You should ensure you get help from an experienced lawyer with the creation of a durable power of attorney for healthcare, as well as with the creation of a living will or other advanced directives.

Parman & Easterday has extensive experience with living wills, healthcare proxies, durable powers of attorney, and Do-Not-Resuscitate orders. We will make sure you choose the right type(s) of advanced directives to protect your future and avoid getting medical care you do not want, and we will make sure you follow all legal formalities for creating your durable power of attorney.

Give us a call today at at (405) 703-9987 or contact us online to learn more about how we can help you to protect your autonomy even if a medical emergency arises.