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A surrogate decision-maker, or durable power of attorney for health care (DPA/HC), must be documented. A common form that is valid in 40 states is Five Wishes. [4] [5] When filing an advance directive, an alternate health care agent should be identified. The surrogate decision maker must be a trusted individual that is able to make crucial ...
The UPOAA was designed to correct shortcomings of both the Uniform Probate Code and the Durable Power of Attorney by superseding them both. It consisted of four distinct articles: [5] The general rules governing the "creation and use" of power of attorney; The definitions used by the UPOAA; An optional form for use in granting power of attorney
A general power of attorney is one that allows the agent to make all personal and business decisions [9] [10] A temporary power of attorney is one with a limited time frame. [11] If ever required, a durable power of attorney can be revoked or changed as long as the principal is still mentally competent to act.
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Wishes 1 and 2 are both legal documents. Once signed, they meet the legal requirements for an advance directive in the states listed below.Wishes 3, 4, and 5 are unique to Five Wishes, in that they address matters of comfort care, spirituality, forgiveness, and final wishes.
In the United States, all states recognize some form of living wills or the designation of a health care proxy. [86] The term living will is not officially recognized under California law, but an advance health care directive or durable power of attorney may be used for the same purpose as a living will. [87]
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