Who is liable for the cost of medical care decisions made by the health care agent?
No health care agent, unless the agent is the spouse or domestic partner of the principal, may be held personally liable for goods or services purchased or contracted for under a DPAHC. The medical cost liability would be the same as if the care was provided as a result of the person’s decision.
To what extent are health care agents liable for decisions they make?
A health care agent, acting in good faith, does not incur criminal or civil liability for health care decisions made under a valid DPAHC.
What is the difference between a Durable Power of Attorney and Durable Power of Attorney for Health Care?
The regular Durable Power of Attorney document is used for finances but does not include health care issues. (If the Durable Power of Attorney was completed prior to April 28, 1990, and includes health care decision-making ability, it is presumed to be valid.) The DPAHC addresses only those issues relating to health care.
How is the DPAHC canceled?
If you sign a new DPAHC, the prior one is revoked. Notify your health care agent(s) and health care provider(s) orally or in writing that you revoked your DPAHC. If the agent is the person’s spouse or domestic partner, the DPAHC is automatically revoked upon divorce, annulment of the marriage or notice of termination of domestic partnership.