Charlotte, NC asked in Health Care Law and Estate Planning for North Carolina

Q: Can a power of attorney act as your health power of attorney to or is it two different power of attorneys

1 Lawyer Answer

Will Blackton

Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: These are two different things with no overlapping power.

Making a durable power of attorney ensures that someone you trust (“an agent”) will be able handle the many practical, financial tasks which arise if you should become incapacitated. A durable power of attorney is designed to authorize an agent to exercise powers relating to your property, as well as make certain decisions concerning personal affairs, excluding those relating to health care (except payment of health care costs). For example, an agent could pay bills in your name, make bank deposits, and make decisions concerning real estate or other investments. The term “durable” denotes that this form of power of attorney stays in effect for your lifetime, unless you initiate a cancellation.

This is different from a health care power of attorney. A health care power of attorney designates a health care agent who may make other decisions concerning only health care, such as withholding or authorizing certain forms of treatment and determines how your body is disposed.

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