Medical Power of Attorney

The Medical Power of Attorney is a legal document that grants authority to an appointed individual or individuals to make medical and health decisions on behalf of the donor. This document is crucial as it ensures that the donor's wishes regarding their medical care are respected and followed, especially in situations where the donor is unable to make decisions for themselves.

 

The entire document consists of several sections that provide detailed information and instructions. The first section of the document includes the identification of the parties involved, namely the donor and the appointed attorney(s). It also includes the donor's revocation of any previous power of attorney for medical/personal care and the appointment of the attorney(s) as their true and lawful representative(s).

 

The document further specifies the authority granted to the attorney(s) and outlines the circumstances under which a replacement attorney may be appointed. It also allows for the appointment of multiple attorneys who can act jointly on behalf of the donor. The document may include conditions, restrictions, and notification requirements that the attorney(s) must adhere to.

 

Additionally, the document addresses the issue of the donor's mental capacity and specifies whether the power of attorney is valid only when the donor lacks mental capacity or if it is valid upon execution. It may also include an indemnity clause, where the donor undertakes to indemnify the attorney(s) against any actions or liabilities arising from the exercise of the powers conferred by the document.

 

The document concludes with sections for witnesses and certificates by registered medical practitioners or solicitors, if required. These sections serve to validate the document and ensure that the donor's mental capacity and voluntary consent are certified. Finally, there is an acknowledgement section for the attorneys, where they acknowledge their duties and responsibilities, including the duty to apply for registration when the donor is mentally incapable.

 

Each section of the document provides specific instructions and information that are essential for understanding and executing the Medical Power of Attorney. It is important to carefully read and comprehend each section to ensure that the document is properly completed and legally binding.

How to use this document?

Guidance for using the Medical Power of Attorney document:

1. Identify the parties: Enter the names and identification numbers of the donor and the appointed attorney(s). Include their addresses to establish their principal place of business.

2. Revocation and appointment: Clearly state the revocation of any previous power of attorney and appoint the attorney(s) as the donor's true and lawful representative(s). Specify whether the attorneys will act jointly or if there is a replacement attorney.

3. Specify conditions and restrictions (if applicable): If there are any conditions or restrictions to the power of attorney, clearly state them in this section.

4. Notification requirements (if applicable): If there is a need for notification before applying for registration, specify the persons who must be notified.

5. Mental capacity: Determine whether the power of attorney is valid only when the donor lacks mental capacity or if it is valid upon execution. Clearly state the donor's intention regarding the continuity of the power of attorney in case of mental incapacity.

6. Indemnity clause (if applicable): If the donor wishes to provide indemnity to the attorney(s), clearly state the terms and conditions of the indemnity.

7. Witnesses and certificates: Ensure that the document is properly witnessed by individuals who are not the donor. If required, obtain certificates from registered medical practitioners or solicitors to validate the donor's mental capacity and voluntary consent.

8. Attorneys' acknowledgement: If applicable, have the attorneys acknowledge their duties and responsibilities, including the duty to apply for registration when the donor is mentally incapable.

It is important to follow these steps carefully and consult with legal professionals if needed to ensure that the Medical Power of Attorney document is completed accurately and in accordance with the relevant laws and regulations.