What is a Durable Power of Attorney?
A
Durable Power of Attorney (DPOA) is a legal document that allows an individual, known as the principal, to appoint another person, called the agent or attorney-in-fact, to make decisions on their behalf. Unlike a standard power of attorney, a DPOA remains effective even if the principal becomes incapacitated, which is particularly relevant for cancer patients who may face periods of severe illness or cognitive impairment.
Why is Durable Power of Attorney Important for Cancer Patients?
Cancer is a complex and often unpredictable illness that can significantly impact a person's ability to make decisions. A DPOA ensures that the patient's wishes are respected even if they become unable to communicate or make decisions themselves. This provides peace of mind and a clear plan for family members and healthcare providers.
Medical decisions: Such as consenting to or refusing
medical treatment, choosing healthcare providers, and making decisions about
hospice care.
Financial decisions: Managing bank accounts, paying bills, and handling investments.
Legal decisions: Signing legal documents and representing the principal in legal matters.
It is crucial to specify the extent of the agent's authority in the DPOA document.
Is trustworthy and reliable.
Understands the principal's values and wishes.
Is capable of handling complex decisions and stress.
Is willing to act in the principal's best interest.
Often, people choose a close family member or friend, but it can also be a trusted professional.
Consult an attorney: It's advisable to consult with a lawyer who specializes in
elder law or estate planning to ensure the document meets all legal requirements.
Define the scope: Clearly specify the powers granted to the agent.
Sign the document: The principal must sign the DPOA in the presence of a notary public and, in some states, witnesses.
Distribute copies: Provide copies of the signed DPOA to the agent, healthcare providers, and relevant financial institutions.
When Does the Durable Power of Attorney Take Effect?
The DPOA can take effect immediately upon signing or only upon the principal's incapacitation. This choice should be specified in the document. An immediate DPOA allows the agent to act right away, whereas a "springing" DPOA only becomes active when a specific event, such as a doctor's certification of incapacity, occurs.
It cannot override the principal's wishes if they are still capable of making decisions.
It does not grant the agent power after the principal's death; this requires a
will or trust.
The agent must act in the principal's best interest and can be held legally accountable for misuse of power.
Can a Durable Power of Attorney be Revoked?
Yes, the principal can revoke a DPOA at any time as long as they are mentally competent. Revocation should be done in writing and communicated to the agent and any institutions that have the DPOA on file.
Conclusion
A Durable Power of Attorney is a critical component of
advance care planning for cancer patients. It ensures that their preferences for medical and financial decisions are honored even if they become incapacitated. Careful selection of an agent and clear documentation of wishes can provide significant peace of mind during a challenging time.
