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1. The construction of the document.
2. The powers provided for in the document.
With respect to #1 above, Powers of Attorney are typically drafted in one of two ways: as a "Durable Power of Attorney" or "Springing Power of Attorney". Some states, like Florida, no longer permit Springing Powers of Attorney.
A Durable Power of Attorney grants the Agent immediate powers upon execution of the document irrespective of the Principal's capacity.
A Springing Power of attorney grants the Agent powers only upon an event(s) specified in the document (usually incapacity).
With respect to #2 above, an agent can only exercise those powers specified in the document. Typically, a POA is drafted to address only financial and contractual matters and a separate document (Health Care Surrogate) is drafted to cover health care decision making and HIPPA authorization.
Some POA's whether Durable or Springing, include health care decision making and HIPPA powers.
The delineated powers in the document rule; there are rarely "implied" powers (although state statute may have clarifying language).
If the Principal has capacity they retain the ability to revoke the POA at anytime. Usually the Agent(s) must be notified in writing of such revocation.
The above is not to be considered legal advice. Consult competent counsel in your state regarding your particular circumstances.
You are presumed to have the capacity to revoke a health care proxy unless determined otherwise pursuant to court order.
malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter201D/Section7
The laws and cases in your state can give you guidance on what you need to do to express your wishes.
If the person you chose to be POA is making decisions for you that go against your wishes or forcing you to do things you do not wish to do you may want to rescind the POA and select someone else.
Choose someone else if you feel that person will not honor your wishes.
All the best to you!
If you can't, at the very least, have confidence that this person will honour your stated wishes even after you have lost capacity, then for heaven's sake pick someone else!
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