Reply #17: Not Necessarily [View All]

Some states mandate that specific language and forms be used to grant a power of attorney for health care purposes.

The law is not static in any state. I do not trust a medical professional to be current on legal developments that might affect the interpretation and implementation of a health care directive - nor do I believe they ought to give legal advice especially regarding matters which pertain to their own job responsibilities. Medical professionals can and sometimes do have interests that conflict with those of their patients and medical professionals are not trained to give legal advice. Lawyers on the other hand are trained and failure to keep abreast of and render advice based upon the most recent legal developments is legal malpractice.

It is entirely possible to draft a single legal document that conveys full power of attorney for all purposes including health care and there are situations where this is desirable. Many legal wills contain a provision regarding a common disaster which establishes a presumption as to which spouse predeceased the other. It is a presumption which can have significant financial implications. Those who are appointed and given the power to determine end of life issues need to be aware of the financial impact of those decisions with respect to various legal, financial and estate issues. Medical professionals are concerned about health care and end of life issues. Many of them are completely ignorant of the way in which those same issues can interact with other financial and legal considerations to significantly alter surviving estate assets and liabilities.