Waldorf, MD asked in Health Care Law and Estate Planning for Maryland

Q: Can a health care power of attorney be used if the person is not incapacitated?

I am mentally ill and I am worried that someday I might seem to others capable of managing my medical care when I'm really not able. Is there a document where my husband can override me and coordinate my care when he knows I'm not capable but there's no time to prove it?

1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
  • Estate Planning Lawyer
  • Crownsville, MD
  • Licensed in Maryland

A: A health care power of attorney specifies when it comes into effect. While customarily people retain full power to make decisions until they lack the ability to do so, an advance directive and durable health care power of attorney can kick into effect whenever the planner dictates.

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