Legal Question in Health Care Law in Missouri

Durable Power of Attorney for Healthcare

Is it possible to make a Durable Power of Attorney for Healthcare effective immediately? This way, it wouldn't require physician certification of incompetence for the person to make a decision, but I'm not sure if it would hold up if written this way.

Asked on 10/16/07, 1:11 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC
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Re: Durable Power of Attorney for Healthcare

A durable power of attorney can be drafted to be immediately effective. Contact an attorney. An attorney can draft the document so that it will be immeidately effective, and will hold up in court.

Keep in mind that a durable power of attorney, while effective, can't overturn the wishes of the principal. If the principal (the person who grants the power) does not want to go into a nursing home or sell her house, the DPA cannot do that against her wishes.

See an attorney for advice and assistance with this matter.

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10/16/07, 2:15 pm

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