The main question these documents address is “who controls your health care if you are not able to make decisions yourself?” Show
The Documents:Kansas statutes make two legal documents available to you to make sure your wishes are followed:
You may also be able to complete documents which differ from these forms. These so-called “common-law” forms can be discussed with your lawyer. If you want to learn more about advance directives, click here. FAQsWhat is the difference between a health care power of attorney and a “living will”?
Do I lose control by appointing an agent?Limiting power:
Ending it:
Why do I need a living will or health care power of attorney?Simple Answer: Without these documents, your wishes may not be followed. In some situations, a guardian may be limited in making some decisions, especially those regarding life-sustaining treatment when you are in a vegetative state but not terminally ill. Also, a guardian chosen by the court may have no idea what your wishes are and may disagree with those that do know your wishes. The existence of the document can relieve some of the stress or conflict that otherwise might arise if family or friends have to decide on their own what you would want done when you cannot speak for yourself. Do I need both the living will and the durable power of attorney?It is recommended you have both documents. The living will provides clear evidence of your wishes concerning medical care and treatment and will help ensure that the agent and physicians carry out your wishes. The durable power of attorney for health care gives your agent the authority to take action on your behalf and to carry out your directions for health care, without the delays of court proceedings. How do I make a living will or a durable power of attorney for health care?The legislature has adopted forms for both the living will and the durable power of attorney.
In addition, a lawyer can draft a document which specifically incorporates your wishes and may be more detailed. Take time to consider all the possibilities and seek competent advice so the documents you develop meet your special needs. Once I have the documents what do I do?Even as you draft the documents you should talk about your values and wishes with your physician(s), anyone you will appoint as an agent or alternate agent, and those who are close to you. You should give a copy of the documents to all of your physicians, your agent under the durable power of attorney, and your family or friends. If you retain the originals, tell someone where the papers can be found. Place the original in a secure place which someone can access without court intervention. **Remember, a Living Will and Durable Power of Attorney for Health Care Decisions provide you a way to maintain control of your health care. What is a Do Not Resuscitate form and do I need one?This form may be signed prior to a hospitalization to make clear your wishes in certain health care situations. A copy should be provided to the hospital, at admission. You may also wish to provide one to your primary doctor. Click here. FormsFor the Kansas Living Will form, with 2 witnesses (no notary) click here. For the Kansas Living Will form with a notary, click here.
The KBA has also provided 2 forms: 1. A Living Will Declaration (LIVING WILL Declaration.pdf), and, 2. Durable Power of Attorney for health care decisions general statement of authority granted (DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS GENERAL STATEMENT OF AUTHORITY GRANTED.pdf) ResourcesLawyer Referral Service: 1-800-928-3111
Lawyer Advice Line: 1-800-928-3111
PamphletsAs a public service of the KBA and the lawyers in your community, the following pamphlets are available in limited quantities through the KBA office, 1200 SW Harrison, Topeka, KS 66612-1806; 785-234-5696. A Death in the Family…What should I do · Aging and the Law · Automobile Accident · Child Custody, Support & Visitation · Divorce: An IRS Perspective · Domestic Violence – A Practical Guide for Victims · You and Your Lawyer · Living Wills (Advance Directive) · Joint Tenancy · Juror:Your Rights and Responsibilities · Living Wills & the Durable Power of Attorney for Health Care · Marriage & Divorce · Small Claims Court · · Ways to Settle Your Dispute · · What’s So Important About a Will? Last updated on July 06, 2022. What is the difference between a living will and durable power of attorney for health care quizlet?A living will is a directive that declares the patient's wishes should the patient become unable to give instruction. A durable power of attorney identifies a person who will make healthcare decisions in the event the patient is unable to do so.
What is durable power of attorney for health care?A durable power of attorney for health care is a legal document that gives another person the authority to make a medical decision for an individual. The person named to represent the individual is referred to as an agent or attorney-in-fact.
What is the difference between a living will and a power of attorney for personal care?A Power of Attorney is a legal document in which you name a specific person to act on your behalf. On the other hand, a “living will” just addresses your wishes for end-of-life medical care and does not need to name anyone or be drafted in a particular way.
What are advance directives describe how a living will differs from a durable power of attorney for health care?A health care power of attorney differs from a living will in that it focuses primarily on the decision-making process and not on a specific decision. When writing a living will, no person can anticipate all possible circumstances.
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