Health care documents take effect when you’re unable to make your own decisions. That might be triggered by a stroke or other medical emergency, or by the slow encroachment of dementia. Your attending doctor must certify in writing that you’re incapable of making decisions for yourself, and must file the certification in your medical records.
The health care durable POA gives your health representative access to your medical and hospital records. He or she may make decisions regarding most treatments and services used to diagnose, maintain, or treat you. A health representative can give consent, refuse consent, or withdraw consent to medical treatment, including life-sustaining treatment.
There are a few things a health representative can’t do, like commiting you to a mental institution, or consenting to treatment that neglects your comfort. Moreover, if you object to a treatment being given or withheld, even if your doctor says you’re incompetent, your wishes should override any decision made by your health representative.
In most situations, medical providers are required to follow the decisions made by your health representative or specified in your written instructions. In a few cases, medical providers are allowed to refuse; for example, if you wanted no life-sustaining treatment, and it went against the conscience of your medical providers or the policies of the facility you’re in. In such a situation, the health care provider is required by law to inform you (or your representative), and upon request, take steps to move you to a situation where your wishes will be respected.
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