POA

A power of attorney needs to be drawn up by an attorney, but living will and health care representative forms should be available at the hospital.  I am a volunteer chaplain at one of our local hospitals, and one of our duties is to counsel patients and families and provide the necessary documents, seeing that they are signed, witnessed, and copied.  Each state has its own laws regarding living wills and health care representatives, and it is necessary to use the forms from a person's place of residence.  In emergency situations other forms can be used, but the state of residence determines which form needs to be the permanent document.

Some hospitals use the social workers to provide this service, but you should be able to get this done free of charge there.  It isn't necessary to pay an attorney to draw up those papers in most cases.  Basically, a living will states what the patient desires in the way of medical care or lack of it, and the health care representative form gives a person the authority to carry out those wishes.  Do understand, however, that even though they have been signed and witnessed, if other family members protest the decisions that are made, the living will and health care representative are not binding.  Most people think that they are, but when push comes to shove, the one doing the pushing generally wins.  Doctors and hospitals don't like to make waves - or have lawsuits - so if family members are not in agreement, that can still cause problems.  If there are people who wouldn't want to honor your mother's wishes, this should be addressed before it becomes an acute issue.

A regular power of attorney, however, is a different story, and should be done by an attorney.  I agree that it should be done sooner rather than later, and will save you a lot of heartache if you need to use it.  Otherwise, you have no authority to handle your mother's finances or other affairs other than her medical ones if you are her health care representative. 

I commend you for understanding the necessity of handling this now.  I have seen situations where one spouse was on a ventilator with a very poor prognosis and the issue of discontinuing life support was imminent, but the other spouse was at a loss as to what to do.  Many times people have lived together for 50-plus years and have never discussed this issue. 

Do this not only for your mother, but make one out for yourself, too, and give it to your family members so that if someone has to take care of you, the plans are already in place.  Believe me, it is a wonderful gift to give the people you love.

• Does anyone about durable power of attorney in the State of Florida? - Wondering
  • POA - jade
  • You get an attorney to type it up...sm - Power of Attorney Florida......
  • When my mother had cancer, hospice provided me - with the forms needed for the medical decisions.
    • Thank you both, will look into it and ask at the hospital too. - wondering

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