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 Durable Power of Attorney For Healthcare The Durable Power of Attorney For Healthcare is designed to become effective upon the happening of a condition or considerations identified in the document. Generally, this condition is related to your incapacity of some type. You should be sure to properly define the condition(s) under which you wish the Durable Power of Attorney For Healthcare to become effective. It is often typical to draft a Durable Power of Attorney For Healthcare to become effective immediately, so that it is in effect in the event of any emergency. Unlike a Living Will, which generally contemplates a terminal condition or permanent impairment, one of the main purposes of a Durable Power of Attorney for Healthcare is to make sure that you are covered in an emergency. A problem one immediately notices is this: if the Durable Power of Attorney for Healthcare is effective immediately, how do I retain any control over my decisions? While there are many ways to deal with this problem, and you should discuss these with an attorney, here are at least two considerations: (1) if you trust the agent, you can simply give him/her the effective Durable Power of Attorney For Healthcare and trust him/her to implement it only if it is needed; or (2) if you are concerned about a possible misuse, you can give the document to a trusted "custodian," a person who agrees to hold it for you until your disability is verified, and only then turn it over to your designated agent. Be sure, however, that you have designated an agent who is trustworthy, or it is not worth preparing the document.
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