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The principal decides the extent of authorization their agent has (e.g., durable POA), whereas, in guardianship, it’s the judge’s decision. Moreover, the judge may select a professional you ...
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
If there is a durable power of attorney for health care, the agent appointed by that document is authorized to make health care decisions within the scope of authority granted by the document. If people have court-appointed guardians with authority to make health care decisions, the guardian is the authorized surrogate. [1]
The laws regarding advance directives, powers of attorney, and enduring guardianships vary from state to state. In Queensland, for example, the concept of an advance health directive is defined in the Powers of attorney act of 1998 and Guardianship and Administration act of 2000. [49]
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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.
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