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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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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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Revocation of Power of Attorney

A power of attorney authorizes another person to act on your behalf in legal or business matters. If you have already given someone power of attorney over your matters but have since then decided to revoke power from that person it will be necessary to do so in writing and have it authorized by a notary public. Use this document to revoke power of attorney from a previously authorized person.

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Organ Donor Declaration

This Organ Donor Declaration is made in accordance with the Uniform Anatomical Gift Act. It allows an individual to make a gift of his or her organs. The individual making the gift can choose to make a gift of all or any part of his or her body for any purpose or for medical research only. This Organ Donor Declaration must be signed and dated by two witnesses one of whom is a disinterested witness. A disinterested witness means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes a gift of his or her organs.

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Authorization for Release of Medical Records

When you are requesting the medical records be released to an individual, company, organization or other entity you may be required to sign a written consent and authorization for them to transfer the records. Use this document to give written consent to the entity you are asking to transfer your records, to do so.

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Medical Records Request

Most medical practices and facilities ask that you fill out a medical request form or write a letter if you wish to receive a copy of your medical records. Use this document to prepare a letter to any practice or facility that you wish to receive your medical records from. Whether you are in need of the records to give to another doctor or medical facility or you just want a copy for yourself, you are entitled to these records.

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General Information

Planning for your future doesn't simply involve arranging for your financial security. Many people overlook the importance of taking care of healthcare wishes as they enter the mature phases of life. LawSmart's Health and Wellness package will help you stay organized and prepared for whatever legal or other needs may arise in developing a complete plan for your future.