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Living Wills

Estate Planning Last Will & Testament
Living Wills
Power of Attorney
Health Care

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1 Power of Attorney for Health Care and Living Will

A Power of Attorney for Health Care Living Will is a very important legal document that allows you to designate a person (an agent) to make health care decisions on your behalf upon your incapacity as you specify within the document. It allows you to give instructions as to whether you would like to receive life sustaining treatment upon your incapacity. Your incapacity is determined by two (2) physicians stating in writing that you are unable to make health care decisions on your own.

A Power of Attorney for Health Care Living Will differs from a basic Living Will in that it allows a person to name an agent to make decisions on his or her behalf wherein a basic Living Will merely allows a person to state their wishes and desires regarding health care decisions.

Additionally, this document contains a Health Insurance Portability and Accountability Act of 1996 (HIPAA) waiver. The HIPAA waiver states that the specific people you name can communicate with medical personnel about your condition.

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2 Living Will

A Living Will is a very important legal document that allows you to state your wishes and desires regarding health care treatment before you are unable to do so on your own. It allows you to give instructions as to what types of life-sustaining treatment you would like to receive upon your incapacity.

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3 Revocation of Living Will and/or Power of Attorney

Upon the appropriate action of a declarant (person writing a will) a living will can be canceled or revoked. A living will can be revoked at any time without regard to the mental or physical condition of the declarant. The meaning of the revocation is that the will is no longer effective or legally enforceable. A revocation is effective when it's communicated to the attending physician or other health care provider by the declarant or anyone that witnesses the revocation.

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