I, .-Principal- , (the "Principal"), an adult person of sound mind and fully understanding the meaning, nature, and effect of this document, hereby freely and voluntarily appoint and designate .-Agent- , (the "Agent"), whose address is .-Agent Address- , and whose telephone number is .-Agent Phone #- , to be my Agent for health and medical care decisions, according to the terms stated in this document.
If the person appointed as Agent above is unable, or unwilling, or unduly absent, or not qualified to serve at that time, then I appoint and designate .-Second Agent- , whose address is .-Second Agent Adress- , and whose telephone number is .-Second Agent Phone #- , to be my Agent on the same terms and conditions, which person may be referred to in this document as my "Alternate Agent".
I am appointing these people as Agent and Alternate Agent because after fully discussing this document with them, I believe that each of them understands my wishes, attitudes, and values, and that each of them would carry out and put into effect the health care decisions set forth herein and those which I would make if I were able to do so, and that each of them would act in my best interests in all events, including situations where my wishes and desires are not known.
This power of attorney is a DURABLE POWER OF ATTORNEY AND ITS VALIDITY SHALL NOT BE AFFECTED BY MY SUBSEQUENT DISABILITY OR INCAPACITY.
This Power of Attorney shall become effective only in the event that I am unable to make and communicate decisions about my own health or medical care after I have been certified by my attending physician or other physician who has examined me as not having the mental capacity to make informed health or medical care decisions for myself.
Unless revoked by me, this durable Health Care Power of Attorney shall remain in effect until my death or terminated by law.
This Health Care Power of Attorney may be revoked by me at any time, so long as I am mentally competent to do so. I understand that it may be revoked by my spoken word, or by other communication if I am unable to speak, by tearing up or destroying the signed original and signed copies delivered to those appointed as Agent and Alternate Agent, but that the best, clearest, and only sure way to revoke this document is by signing a written revocation which is executed in the same manner as this document, and recorded in the county of my residence or the county where I am residing in a health care facility, in the same office where deeds and real estate records are recorded or filed. Further, any person who has not received formal notice of any revocation, or who does not have actual personal knowledge of such revocation, shall have no liability for continuing to act on and accept this document until they have notice of any revocation.
If the situation as spelled out herein activates the authority granted to my representative Agent and Alternate Agent, then my acting Agent shall make a bona fide and good faith effort to communicate with me, and in the event I cannot speak or write, to use methods of communication including, but not limited to such things as writing me notes and/or asking me questions to which I could respond by nodding my head; or blinking my eyes in response, such as 1 blink for "yes" and 2 blinks for "no", or other such methods; or squeezing my Agent's hand, indicating such things as 1 squeeze for "yes" and 2 squeezes for "no".
Unless invalid under applicable law or specifically restricted herein, or in conflict with any Living Will I have executed either on, before, or after this date, I hereby grant the authority to my Agent specifically to do and perform all the acts set forth on the following terms and conditions just as I could do for myself.
1. To consent, refuse consent, or withdraw consent to any care, treatment, service, or procedure being performed in order to maintain, diagnose, or treat a physical or mental condition of mine; and
2. To make all necessary arrangements at any hospital, psychiatric hospital or psychiatric treatment facility, hospice, nursing home or similar institution; to employ, or either discharge, replace or obtain reassignment of health care personnel to include physicians, psychiatrists, psychologists, dentists, nurses, therapists, or any other person who is licensed, certified, or otherwise authorized or permitted by applicable laws to administer health care, all as my Agent shall deem necessary for my physical, mental, and emotional well being; and
3. To request, receive and review any information, either verbal, written, or otherwise regarding my personal affairs, or my physical or mental health, including medical and hospital records, and to execute any release that may be requested in order to obtain such information; and
4. To move or transport me to any state or country having applicable laws which permit my desires expressed herein, or which I have expressed in a living will, or other such advance health care directive, to be carried out; and
5. To visit me or at least observe me, in any health care facility.
6. To execute on my behalf a waiver or release from liability, or other documents required by a hospital or physician, or other health care facilities or health care personnel, and to execute and deliver any other documents which either carry out the terms of this document or which my Agent reasonably believes to be in my best interest if this document is silent in that regard, or to pursue any reasonable legal enforcement of provisions herein which are valid under applicable law, or other health care treatment which my acting Agent believes that I would do if I were making my own decisions, subject to not unduly expending or draining the available resources of my family and me.
7. To contact members of my immediate family, and business partners, co-workers, and colleagues, and if my Agent deems it appropriate to also contact any other family or friends in order to advise them of my condition.
Limitations on Agent's Authority
In addition to limitations on my Agent's authority imposed by applicable law, the authority of my Agent shall also be limited, or my Agent shall also be prohibited from authorizing, consenting to, or performing the following: _______________
Any power of attorney for health care decisions which I have previously made is hereby revoked and canceled.
In the event that any terms or provisions of my Health Care Power of Attorney are not enforceable or valid under the laws of the state of my residence, of if applicable, under the laws of the state where I may be located at the time my Health Care Power of Attorney comes into use, then all other provisions herein which are enforceable or valid shall remain in full force and effect, and all terms and provisions herein are severable.
IN WITNESS WHEREOF, fully understanding the terms and effect of this Health Care Power of Attorney, I hereby freely, voluntarily, and intentionally sign and execute same on this _______________ in the presence of two (2) witnesses and a Notary Public.
Signature of Principal: ______________________________
STATEMENT OF WITNESSES
Under penalty of perjury, each of us hereby swears and certifies by our signatures below as follows: I know the Principal personally and I believe him or her to be of sound mind and at least 18 years of age. I believe that his or her execution of this Health Care Power of Attorney is voluntary and with full understanding.
I did not sign the Principal's signature above. I am at least eighteen (18) years of age and am not related to the Principal by blood, marriage, or adoption. I am not entitled to any portion of the estate of the Principal according to the laws of intestate succession of the state of the Principal's residence or domicile, or to the best of my knowledge under any Will of the Principal or any codicil to said Will, or under any trust of the Principal, or under any beneficiary designation, nor am I legally responsible for the costs of the Principal’s health, medical, or other care.
I am not the Agent or successor Agent appointed by the Principal in this Health Care Power of Attorney. I am not the Principal's attending physician, nor a health care provider who is serving the Principal at this time, nor am I an owner or employee of any person, organization, or institution which is serving or providing health care to the Principal at this time.
___________________________ ___________________________
Witness Witness
___________________________ ___________________________
Address Address
___________________________ ___________________________
Date Date
Notary Form
State of __________ County of __________
BEFORE ME, the undersigned authority, on this day personally appeared _______________, the Principal herein, and ____________________, a Witness, and ____________________, a Witness, whose names are subscribed to this foregoing durable Health Care Power of Attorney in their respective capacities, and all three of said persons, being by me first duly sworn, said ____________________, the Principal, declared to me and to said witnesses in my presence that this is the Principal's Health Care Power of Attorney, and that the Principal had willingly made and executed it as a free and voluntary act and deed for the purposes therein expressed; and the two witnesses each on their oath stated to me in the presence and hearing of the Principal herein, and in the presence and hearing of each other, that said document and wanted each of them to sign it as a witness; and upon their oaths, each witness stated further that they did sign the same as witnesses in the presence of each other and in the presence of the Principal and at the request of the Principal, and that the Principal was at that time at least 18 years old, was of sound mind, and under no restraint.
Subscribed,
acknowledged, and sworn to before me by the above named Principal, and
____________________ and ____________________, witnesses, on this
____________________.
______________________________ Notary Public
My commission or appointment expires: ____________________
STATEMENT AND ACCEPTANCE OF AGENT
I understand that _______________, who is the Principal, has designated me to be his or her Health Care Agent if he or she is ever found to be incapacitated and unable to make health care decisions himself or herself. The above named Principal has discussed his or her desires regarding health care decisions with me; I have read the Principal's Health Power of Attorney, but did not serve as a witness to it, and I hereby accept such designation and appointment as Agent.
Signed: __________________________________
_________________________
_________________________
_________________________
_________________________
STATEMENT AND ACCEPTANCE OF ALTERNATE AGENT
I understand that _______________, who is the Principal, has designated me to be his or her health care Alternate Agent if he or she is ever found to be incapacitated and unable to make health care decisions himself or herself. The above named Principal has discussed his or her desires regarding health care decisions with me; I have read the Principal's Health Care Power of Attorney, but I did not serve as a witness to it, and I hereby accept such designation and appointment as Alternate Agent.
Signed: __________________________________
_________________________
_________________________