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Old 06-07-2021, 06:11 PM
 
234 posts, read 141,281 times
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What are the pros and cons of giving your GP a POA? Mine gave me the forms for it.
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Old 06-07-2021, 07:34 PM
 
Location: Alabama
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Why would a GP be given Power of Attorney? That might be covered by a Healthcare Directive, but people usually give their Healthcare Directive to a trusted family or friend who knows and agrees to what they want. When they sign it, by law they have to abide with what's in your document.

But why would a doctor be given either a Power of Attorney or a Healthcare Directive unless there's no one else to take care of it. Even in a situation where someone doesn't have a relative or friend the Healthcare Directive is usually given to, or taken over by a social worker.

What is the exact title on the forms?
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Old 06-07-2021, 07:52 PM
 
197 posts, read 89,893 times
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Quote:
Originally Posted by ut new View Post
What are the pros and cons of giving your GP a POA? Mine gave me the forms for it.
I don't think you mean "Power of Attorney" but rather an Advanced Directive on what you want or don't want with regards to your care if you are incapacitated and unable to make decisions at that time. The Advanced directive allows you to choose somebody and make them a "Medical Power of Attorney" who can make decisions for you. It makes decisions ahead of time on pulling the plug and how extensive life saving measures are to be done.

The "Power of Attorney" is a general power that allows the person to make all decisions including financial withdrawals, selling and buying and anything legal on your behave. Their signature carries the same legal ramifications as if it was your own. It can be revoked at any time unless you become incapacitated. I don't think you mean that one.

Normally its family or friends who know you and will make the decision that you wish to be done. The law prevents you from choosing your doctor if that is want you meant.

With regards to California,

"The law prohibits you from choosing certain people to act as your agent(s). You may not choose your doctor, or a person who operates a community care facility (sometimes called a “board and care home”) or a residential care facility in which you receive care, unless the person is related to you by blood, marriage, or adoption, is a co-worker."
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Old 06-07-2021, 08:54 PM
 
Location: Alabama
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Thank you! Explains it much more clearly.
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Old 06-07-2021, 10:42 PM
 
234 posts, read 141,281 times
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The title is "Advance Health Care Directive, Including POA for Health Care Decisions, CA Probate Code 4600-4805" and it is from the CMA.

There is no friends or family to point to, so the GP probably thought that this would be easier.

The question though, is this better than the GP not having it.
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Old 06-07-2021, 11:30 PM
 
Location: NJ
17,021 posts, read 25,470,667 times
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Quote:
Originally Posted by ut new View Post
The title is "Advance Health Care Directive, Including POA for Health Care Decisions, CA Probate Code 4600-4805" and it is from the CMA.

There is no friends or family to point to, so the GP probably thought that this would be easier.

The question though, is this better than the GP not having it.


Did you miss what Medical Lab Guy wrote, that it's illegal for a physician to do that?

You should see an attorney. You'd probably get better help in the retirement section. There's a lot of single people that have set this up by using an attorney.

Look up 5 wishes. You're able to tell in your own words what end of life means to you and exactly what you'd want. Here is a sample



Quote:
Originally Posted by Medical Lab Guy View Post
I don't think you mean "Power of Attorney" but rather an Advanced Directive on what you want or don't want with regards to your care if you are incapacitated and unable to make decisions at that time. The Advanced directive allows you to choose somebody and make them a "Medical Power of Attorney" who can make decisions for you. It makes decisions ahead of time on pulling the plug and how extensive life saving measures are to be done.

The "Power of Attorney" is a general power that allows the person to make all decisions including financial withdrawals, selling and buying and anything legal on your behave. Their signature carries the same legal ramifications as if it was your own. It can be revoked at any time unless you become incapacitated. I don't think you mean that one.

Normally its family or friends who know you and will make the decision that you wish to be done. The law prevents you from choosing your doctor if that is want you meant.

With regards to California,

"The law prohibits you from choosing certain people to act as your agent(s). You may not choose your doctor, or a person who operates a community care facility (sometimes called a “board and care home”) or a residential care facility in which you receive care, unless the person is related to you by blood, marriage, or adoption, is a co-worker."
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Old 06-07-2021, 11:32 PM
 
197 posts, read 89,893 times
Reputation: 546
Quote:
Originally Posted by ut new View Post
The title is "Advance Health Care Directive, Including POA for Health Care Decisions, CA Probate Code 4600-4805" and it is from the CMA.

There is no friends or family to point to, so the GP probably thought that this would be easier.

The question though, is this better than the GP not having it.
You might want to consider a Last Will which includes an Advanced Health Care Directive. It does cost money and a lawyer has to prepare it. One simply gives a copy of that to your doctor. It would take care of all your financial assets if any.

The easiest and cheapest thing to do is fill out the Advance Directive. The first or one of the first questions is do you want to appoint somebody to make the decisions for you and if there isn't anybody then you will answer specific questions about the type of care you want and don't want with regards to life sustaining efforts and in case of coma etc. You sign it and it then gets put into your medical record. You don't need to assign anybody or give anybody that power if you answer the questions directly yourself on the form.

If you don't fill it out then if something were to happen to you and no one else is out there to legally make decisions on your behalf then the decisions will be made by the doctor in consultation with an ethics committee. It is just easier on everybody if one exists otherwise it gets more difficult in trying to figure out what you wanted and one has to painfully walk a legal tightrope on everything.

"In emergency situations when a patient is not able to participate in treatment decisions and there is no surrogate or advance directive available to guide decisions, physicians should provide medically appropriate interventions when urgently needed to meet the patient’s immediate clinical needs. Interventions may be withdrawn at a later time in keeping with the patient’s preferences when they become known and in accordance with ethics guidance for withdrawing treatment."

https://www.lawdepot.com/us/estate/l...2#.YL7-fy2cbLY

Last edited by Medical Lab Guy; 06-07-2021 at 11:53 PM..
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Old 06-08-2021, 07:49 AM
 
Location: NJ
17,021 posts, read 25,470,667 times
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Quote:
Originally Posted by Medical Lab Guy View Post
You might want to consider a Last Will which includes an Advanced Health Care Directive. It does cost money and a lawyer has to prepare it. One simply gives a copy of that to your doctor. It would take care of all your financial assets if any.

The easiest and cheapest thing to do is fill out the Advance Directive. The first or one of the first questions is do you want to appoint somebody to make the decisions for you and if there isn't anybody then you will answer specific questions about the type of care you want and don't want with regards to life sustaining efforts and in case of coma etc. You sign it and it then gets put into your medical record. You don't need to assign anybody or give anybody that power if you answer the questions directly yourself on the form.

If you don't fill it out then if something were to happen to you and no one else is out there to legally make decisions on your behalf then the decisions will be made by the doctor in consultation with an ethics committee. It is just easier on everybody if one exists otherwise it gets more difficult in trying to figure out what you wanted and one has to painfully walk a legal tightrope on everything.

"In emergency situations when a patient is not able to participate in treatment decisions and there is no surrogate or advance directive available to guide decisions, physicians should provide medically appropriate interventions when urgently needed to meet the patient’s immediate clinical needs. Interventions may be withdrawn at a later time in keeping with the patient’s preferences when they become known and in accordance with ethics guidance for withdrawing treatment."

https://www.lawdepot.com/us/estate/l...2#.YL7-fy2cbLY

The 5 wishes that I linked to is the best to have because it gives all sorts of scenarios and what you would like done if it happened to you. It's all in your own writing and is a legal document in most states.

Whenever someone in the family gets diagnosed with cancer, we get one filled out. It costs $5 for the packet and is well worth the money.

The OP should also see an attorney.
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Old 06-08-2021, 08:08 AM
 
Location: Alabama
974 posts, read 1,511,541 times
Reputation: 1008
Quote:
Originally Posted by Medical Lab Guy View Post
You might want to consider a Last Will which includes an Advanced Health Care Directive. It does cost money and a lawyer has to prepare it. One simply gives a copy of that to your doctor. It would take care of all your financial assets if any.

The easiest and cheapest thing to do is fill out the Advance Directive. The first or one of the first questions is do you want to appoint somebody to make the decisions for you and if there isn't anybody then you will answer specific questions about the type of care you want and don't want with regards to life sustaining efforts and in case of coma etc. You sign it and it then gets put into your medical record. You don't need to assign anybody or give anybody that power if you answer the questions directly yourself on the form.

If you don't fill it out then if something were to happen to you and no one else is out there to legally make decisions on your behalf then the decisions will be made by the doctor in consultation with an ethics committee. It is just easier on everybody if one exists otherwise it gets more difficult in trying to figure out what you wanted and one has to painfully walk a legal tightrope on everything.
https://www.lawdepot.com/us/estate/l...2#.YL7-fy2cbLY
I did my own Advance Healthcare Directive. The forms are online and not difficult to understand. I did work in estate planning law but that was many years ago. Still, it's not hard to do. I did the same with my POA. If you have few assets and and uncomplicated life, it's the way to go. Attorneys charge a lot of money for basically a boiler plate they call up on the computer, that an underling then takes care of.

Obviously, if your assets are vast and/or complicated then get an attorney. I'd try to do my own first, though. Get familiar with the documents. It walks you through it.
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Old 06-08-2021, 12:50 PM
 
Location: on the wind
14,236 posts, read 7,726,260 times
Reputation: 46498
Quote:
Originally Posted by Roselvr View Post
The 5 wishes that I linked to is the best to have because it gives all sorts of scenarios and what you would like done if it happened to you. It's all in your own writing and is a legal document in most states.

Whenever someone in the family gets diagnosed with cancer, we get one filled out. It costs $5 for the packet and is well worth the money.

The OP should also see an attorney.
The 5 Wishes document is very helpful when first sitting down to decide what you think you do or don't want, but there are quite a few similar forms that cover the same or more ground available. Every local hospital I've used could offer something. I gave the 5 Wishes packet to my dad who was unwilling to do this very essential work for himself. The family used it as a discussion tool primarily. The manner in which the questions are presented felt somewhat childish IMHO. Obviously that's personal. When I prepared my own health directive I read through a number of other templates and finally composed one that incorporated statements from several. Important to make sure you use one that's accepted by your state of residence. Its important to understand why your GP cannot act as your proxy in general.
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