Europe
Personne de confiance — Trusted person for health decisions
Designated in writing and co-signed by the designee, consulted when the patient can no longer express their will. Its distinguishing feature is evidential: the personne de confiance reports the patient's wishes and that testimony prevails over any other.
- Assigned
- Adult designates a relative, a close person or their doctor in writing; the designation is co-signed by the designee and valid without time limit Capable
- Starts
- When the patient is no longer able to express their will and receive the information needed for that purpose Incapacitated
- Ends
- Revised or revoked at any time, by either the patient or the personne de confiance Capable
- Death of the patient Deceased
Something missing or wrong for France?
Code de la santé publique, art. L1111-6; Code civil, art. 724
Bevollmächtigter in Gesundheitsangelegenheiten — Authorised person in health matters
The same agent acting for health care. Consent to risky measures, confinement and coercive treatment requires written authority that expressly covers them.
- Assigned
- Written power of attorney expressly covering health measures Capable
- Starts
- On the principal becoming unable to consent Incapacitated
- Ends
- Revocation, or death of the principal Deceased
Something missing or wrong for Germany — federal law?
BGB § 1820; BGB § 1827; BGB § 168
Attorney under an enduring power (personal welfare)
The same instrument may cover personal welfare. The 2022 Act repealed the separate welfare-scope section and folded that authority into s 59 itself.
- Assigned
- Donor confers authority over all or part of personal welfare in the enduring power Capable
- Starts
- Registration under s 69 and the donor's lack of capacity, on the same cumulative test as the property side Incapacitated
- Ends
- Revocation, disclaimer or removal from the Register Incapacitated
- Death of the donor Deceased
Something missing or wrong for Ireland?
Assisted Decision-Making (Capacity) Act 2015, s 59; Assisted Decision-Making (Capacity) Act 2015, s 69; Succession Act 1965, s 10
Designated healthcare representative
Named inside an advance healthcare directive rather than in a separate instrument, and must sign it to accept. Its core power is to ensure the directive is complied with; interpretive and consent powers are optional add-ons.
- Assigned
- Directive-maker designates a named individual in an advance healthcare directive, who signs to confirm willingness Capable
- Starts
- When the directive applies, on the directive-maker's loss of capacity Incapacitated
- Ends
- Directive revoked, or the representative declines or is disqualified Incapacitated
- Death of the directive-maker Deceased
Something missing or wrong for Ireland?
Assisted Decision-Making (Capacity) Act 2015, s 87; Assisted Decision-Making (Capacity) Act 2015, s 88; Succession Act 1965, s 10
Health-care representative under advance directives (fiduciario) — Health-care representative under advance directives
Under the 2017 law on informed consent and advance directives, an adult may record their wishes about treatment and name a person of trust — the fiduciario — to stand in their place and represent them with the doctor and the health service. If there is no fiduciary, or they decline, die or become incapable, the directives keep their effect and the giudice tutelare may appoint a support administrator if needed.
- Assigned
- An adult capable of understanding and willing, anticipating possible future incapacity and after receiving adequate medical information, makes advance directives and names a person of trust to represent them Capable
- Starts
- The fiduciary stands in the person’s place with the doctor and the health service; acceptance is by signing the directives or by a later act annexed to them Incapacitated
- Ends
- The directives contain no fiduciary, or the fiduciary renounces, dies or becomes incapable — the directives keep their effect and, if needed, the giudice tutelare appoints a support administrator Incapacitated
Something missing or wrong for Italy?
L. 219/2017 art. 4; Codice civile art. 404
Schriftelijk gemachtigde (WGBO) — Representative authorised in writing
A person authorised in writing to stand in the patient's place for treatment decisions. It ranks below a curator or mentor but above the family, and needs only a written authorisation, not a notarial deed.
- Assigned
- Patient authorises a person in writing to act in their place Capable
- Starts
- When the care provider judges the adult patient incapable of a reasonable appraisal of their interests, and no curatele or mentorschap is in place Incapacitated
- Ends
- Curatele or mentorschap instituted, which displaces the written authorisation Incapacitated
- Patient regains capacity, or dies Deceased
Something missing or wrong for Netherlands?
Burgerlijk Wetboek Boek 7, art. 7:465; Burgerlijk Wetboek Boek 1, art. 1:450
Representante designado en instrucciones previas — Representative named in advance instructions
Through an advance instructions document a person states their treatment wishes and may name a representative; it also covers what happens to the body and organs after death.
- Assigned
- Named in the instrucciones previas document Capable
- Starts
- When the grantor can no longer express their wishes personally Incapacitated
- Ends
- Authority over the body and organs continues past death by the document’s own terms; the document itself may be revoked freely in writing at any time while the grantor can do so Deceased
Something missing or wrong for Spain — state law?
Ley 41/2002 art. 11; Ley 41/2002 art. 11.4
Attorney under a health and welfare lasting power of attorney
A registered health and welfare LPA lets the attorney decide about care, where the donor lives and medical treatment. It works only when the donor lacks capacity for the decision, or the attorney reasonably believes so. The attorney can decide about life-sustaining treatment only if the LPA expressly says so.
- Assigned
- Donor (18+, with capacity) executes the prescribed LPA form Capable
- Starts
- Registered by OPG AND donor lacks (or attorney reasonably believes donor lacks) capacity for the particular decision Incapacitated
- Ends
- Donor dies (LPA ends automatically; executors/personal representatives take over) Deceased
- Donor revokes while having capacity (deed of revocation sent to OPG) Capable
- Attorney disclaims, dies or lacks capacity, or the marriage or civil partnership between donor and attorney is dissolved or annulled (unless the LPA says otherwise). This ends that attorney's appointment. It revokes the LPA unless a replacement or a joint-and-several co-attorney remains Incapacitated
- Court of Protection determines the power revoked or invalid, or revokes it for fraud or for acts not in the donor's best interests; OPG cancels registration Incapacitated
Something missing or wrong for UK — England & Wales?
Mental Capacity Act 2005 s 9; Mental Capacity Act 2005 Sch 1; Mental Capacity Act 2005 s 11(7)-(8); GOV.UK, Make, register or end a lasting power of attorney; GOV.UK, Make, register or end a lasting power of attorney: End your lasting power of attorney; OPG, Public Guardian practice note: notification of death (SD16); Powers of Attorney Act 1971 s 5; Mental Capacity Act 2005 s 13
Welfare attorney (welfare power of attorney)
An individual appointed to make personal welfare decisions, including medical treatment consent. The power must be registered with the OPG, and it can be used only when the granter is incapable of the decision, or the attorney reasonably believes so. A welfare attorney cannot authorise organ or tissue donation for the granter.
- Assigned
- Granter subscribes a written document with a welfare-power statement, a statement on how incapacity may be determined, and a certificate Capable
- Starts
- After registration AND only while the granter is incapable of the decision, or the attorney reasonably believes so Incapacitated
- Ends
- Death of the granter Deceased
- Decree of separation, divorce or nullity (or civil partnership equivalent), unless document provides otherwise Capable
- Attorney resigns (28 days after OPG receives notice) Incapacitated
- Guardian appointed with powers over the same matter Incapacitated
- Revocation by granter (registered notice) or by sheriff Capable
Something missing or wrong for UK — Scotland?
Adults with Incapacity (Scotland) Act 2000 s 16(1)-(3); Adults with Incapacity (Scotland) Act 2000 s 19; Adults with Incapacity (Scotland) Act 2000 s 16(5)(b); Office of the Public Guardian (Scotland), 'Types of power of attorney'; Office of the Public Guardian (Scotland), 'FAQs'; Office of the Public Guardian (Scotland), 'Ending a power of attorney'; Adults with Incapacity (Scotland) Act 2000 s 24(1), (1A); Adults with Incapacity (Scotland) Act 2000 s 23; Adults with Incapacity (Scotland) Act 2000 s 24(2); Adults with Incapacity (Scotland) Act 2000 s 22A; Adults with Incapacity (Scotland) Act 2000 s 20
North America
Representative under a section 9 (non-standard) representation agreement
A capable adult can authorize a representative to make personal care and health care decisions, including where to live and giving or refusing life-sustaining treatment. The agreement takes effect on execution unless it names a later triggering event. The representative helps the adult decide or decides for the adult; the representative does not need a finding of incapacity. The agreement ends on the adult's death.
- Assigned
- Adult who understands the nature and consequences signs a s 9 agreement before 2 witnesses (or 1 lawyer or notary); representative signs Capable
- Starts
- On execution unless the agreement names a later triggering event and says who confirms it. For substitute consent to health care, the health care provider must first be of the opinion that the adult is incapable of consenting. Capable
- Ends
- Adult dies Deceased
- Capable adult revokes with written notice Capable
- Court cancels the agreement Incapacitated
- Representative resigns, dies or becomes incapable, or spousal relationship ends (unless an alternate or co-representative continues, or the agreement says otherwise) Incapacitated
- Adult becomes a patient by court order under the Patients Property Act (unless the court orders otherwise) Incapacitated
Something missing or wrong for Canada — British Columbia?
Representation Agreement Act, RSBC 1996, c 405, ss 9-10; Representation Agreement Act, RSBC 1996, c 405, s 13; Representation Agreement Act, RSBC 1996, c 405, s 15; Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181, s 11; Health Care (Consent) and Care Facility (Admission) Act, RSBC 1996, c 181, s 7; Representation Agreement Act, RSBC 1996, c 405, s 29; Representation Agreement Act, RSBC 1996, c 405, s 27; Representation Agreement Act, RSBC 1996, c 405, ss 30, 32; Patients Property Act, RSBC 1996, c 349, ss 19-19.1
Attorney for personal care
A written power of attorney for personal care authorizes an attorney to make personal-care decisions (health care, shelter, nutrition, clothing, hygiene, safety). A provision is effective only when the grantor is incapable. For treatment covered by the HCCA, that means when the health practitioner finds the person incapable. For other decisions, when the attorney has reasonable grounds to believe so, unless the document requires confirmation (by its own method or a capacity assessor).
- Assigned
- Grantor with capacity under s 47 signs a written POAPC (two witnesses) Capable
- Starts
- Decision by decision. HCCA decisions: when a health practitioner finds the grantor incapable for that treatment and the HCCA gives the attorney authority. Other decisions: when the attorney has reasonable grounds to believe the grantor is incapable, or on assessor confirmation if the POA requires it. Incapacitated
- Ends
- Grantor regains capacity for the decision (their own decision governs) Capable
- Court appoints a guardian of the person under s 55 Incapacitated
- Revocation, or execution of a new POAPC unless multiple are provided for Capable
- Attorney dies, becomes incapable of personal care or resigns, with no remaining joint attorney or substitute Incapacitated
- Grantor dies: personal-care decision-making ends because there is no living grantor to decide for. Section 53 does NOT list the grantor's death (unlike s 12(1)(f) for CPOAs). Deceased
Something missing or wrong for Canada — Ontario?
Substitute Decisions Act, 1992, SO 1992, c 30, s 46; Substitute Decisions Act, 1992, SO 1992, c 30, s 47; Substitute Decisions Act, 1992, SO 1992, c 30, s 48; Substitute Decisions Act, 1992, SO 1992, c 30, s 49; Health Care Consent Act, 1996, SO 1996, c 2, Sched A, s 10; Health Care Consent Act, 1996, SO 1996, c 2, Sched A, s 20; Health Care Consent Act, 1996, SO 1996, c 2, Sched A, s 16; Substitute Decisions Act, 1992, SO 1992, c 30, s 53(1); Substitute Decisions Act, 1992, SO 1992, c 30, s 55
Mandatary under a protection mandate (protection of the person)
A person of full age gives a protection mandate in anticipation of incapacity, by notarial act en minute or before 2 witnesses. It has no effect until incapacity is shown by medical and psychosocial assessment reports and the court, or a notary under the CCP, homologates it. The mandatary then consents to care and looks after the person's well-being. It ends when the court finds the mandator capable again, on revocation, or on either party's death.
- Assigned
- Mandator signs protection mandate (notarial act en minute or before 2 disinterested witnesses) Capable
- Starts
- Homologation by the court (or before a notary under CCP art 312) on proof of incapacity by medical and psychosocial assessments, on application by the designated mandatary Incapacitated
- Ends
- Court ascertains mandator has again become capable (presumed if no objection within 30 days after the capacity report is filed) Capable
- Death of the mandator or the mandatary (mandatary must notify the Public Curator of the mandator's death) Deceased
- Court revokes the mandate for unfaithful performance or other serious reason (and may institute tutorship) Incapacitated
- Mandatary renounces after arranging replacement or applying for tutorship Incapacitated
Something missing or wrong for Canada — Québec?
Civil Code of Québec, art 2166; Civil Code of Québec, arts 2166.1, 2167; Code of Civil Procedure, CQLR c C-25.01, art 303; Code of Civil Procedure, CQLR c C-25.01, arts 312, 315; Code of Civil Procedure, CQLR c C-25.01, art 404; Civil Code of Québec, arts 2172-2173; Civil Code of Québec, art 2175; Civil Code of Québec, arts 2182-2184; Civil Code of Québec, arts 2176-2177, 2181; Civil Code of Québec, arts 2174-2174.2
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — uniform/model law + federal?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
US — Arizona differs from the US model
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Adult signs a health care power of attorney, notarised or witnessed by one qualifying adult (§36-3221) Capable
- Starts
- Principal is unable to make or communicate health care decisions — the statute prescribes no determination procedure and names no certifier, unlike the mental health care power at §36-3281 Incapacitated
- Ends
- Revoked by the principal or by court order — the appointment has no other statutory end point Capable
- Guardian appointed for the express purpose of making health care decisions becomes the surrogate in the agent's place Incapacitated
- Death of principal, except where the instrument also grants funeral and disposition authority, which survives Deceased
Something missing or wrong for US — Arizona?
A.R.S. § 36-3221; A.R.S. § 36-3223; A.R.S. § 36-3231; A.R.S. § 36-3281; A.R.S. § 36-831; A.R.S. § 36-3224
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Adult having capacity executes a power of attorney for health care (Health Care Decisions Law, Prob. Code §4600 et seq.) Capable
- Starts
- Unless the POA provides otherwise, on a determination that the principal lacks capacity, made by the primary physician unless the directive specifies otherwise Incapacitated
- Ends
- Determination that the principal has recovered capacity (authority ceases; can resume on a new determination) Capable
- Revocation by signed writing or by personally informing the supervising provider Capable
- Dissolution or annulment of marriage to the agent Capable
- Post-death decisions end once anatomical gift, autopsy, remains disposition and records release are completed Deceased
Something missing or wrong for US — California?
Cal. Prob. Code §4600; Cal. Prob. Code §4671; Cal. Prob. Code §4682; Cal. Prob. Code §4658; Cal. Prob. Code §4695; Cal. Prob. Code §4697; Cal. Prob. Code §4683
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Colorado?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An agent appointed under Delaware's Uniform Health-Care Decisions Act (2023). One adult witness who may attend by video or audio alone; no notarisation. An agent is disqualified by a protection-from-abuse petition or order, or any no-contact order. The authority commences on a finding of incapacity and ceases if capacity returns.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Delaware?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
US — Florida differs from the US model
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Principal signs written designation before two subscribing adult witnesses; surrogate may not witness and one witness must be neither spouse nor blood relative Capable
- Starts
- Primary or attending physician determines principal lacks capacity and enters evaluation in record (second physician if in question); or immediately if the document so stipulates Incapacitated
- Ends
- Physician determines principal regained capacity (authority ceases but recommences on later incapacity; not applicable to immediately exercisable authority) Capable
- Revocation by signed writing, destruction, oral expression, or materially different later directive; effective when communicated Capable
- Dissolution or annulment of marriage revokes designation of former spouse Capable
- Court in guardianship modifies or revokes surrogate authority Incapacitated
- Time of termination stated in the document Capable
Something missing or wrong for US — Florida?
Fla. Stat. §765.202 (2026); Fla. Stat. §765.202(2) (2026); Fla. Stat. §765.204(2) (2026); Fla. Stat. §765.204(3) (2026); Fla. Stat. §765.202(6) (2026); Fla. Stat. §765.101(21) (2026); Fla. Stat. §765.203 (2026); Fla. Stat. §765.104 (2026); Fla. Stat. §765.104(2) (2026); Fla. Stat. §744.3115 (2026); Fla. Stat. §765.205 (2026); Fla. Stat. §765.202(7) (2026)
US — Idaho differs from the US model
Agent under power of attorney for health care
A person nominated as health care agent in an advance care planning document. Idaho has no Uniform Health-Care Decisions Act; since 2023 a single statutory instrument, the ACPD, carries whatever advance directions and agent nomination the person chooses, and the instrument itself sets the conditions on which the agent may act.
- Assigned
- Person aged 18 or older executes an advance care planning document nominating a health care agent; the document is valid if it carries the person’s name, date of birth, telephone number and mailing address, a signature and a date, and blanks are deemed intentional Capable
- Starts
- The conditions the ACPD itself sets for authorising the agent to act are satisfied; the agent then stands second in the §39-4504 consent order, below a court-appointed guardian Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Idaho?
Idaho Code § 39-4510; Idaho Code § 39-4504 [effective until January 1, 2027]; UHCDA §18(a) (2023); UHCDA §2 (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §8 (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Principal signs health care agency witnessed by one adult who is not a restricted person; agent is 18+ and not the treating provider Capable
- Starts
- Statutory form default: when principal cannot make decisions as determined by treating physician(s) (lack of decisional capacity); optional immediate access to records and communication with providers Incapacitated
- Ends
- Revocation at any time regardless of mental or physical condition (unless 30-day delayed revocation elected) Capable
- Judgment of dissolution or legal separation with agent-spouse Capable
- After death: continues only as necessary for anatomical gift, autopsy, disposition of remains, access to medical records, and pending benefits applications while no executor or administrator Estate administration
Something missing or wrong for US — Illinois?
755 ILCS 45/4-5.1; 755 ILCS 45/4-4; 755 ILCS 45/4-5; 755 ILCS 45/4-10; 755 ILCS 45/4-10(d); 755 ILCS 45/4-10; 755 ILCS 45/4-6; 755 ILCS 45/4-6(a-5); 755 ILCS 45/2-6; 755 ILCS 45/4-3; 755 ILCS 45/4-10(c)(5)-(6); 755 ILCS 45/4-10(c)(6)
US — Indiana differs from the US model
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Declarant signs an advance directive designating one or more health care representatives, before two adult witnesses or a notarial officer — in counterparts, by audiovisual presence, or telephonically where that is impossible or impractical (§16-36-7-28) Capable
- Starts
- Immediately on signing unless the directive states a delayed date or trigger; where it springs on incapacity, on a written determination by a physician, licensed psychologist or judge, or on the treating physician's note in the medical record Capable
- Ends
- Valid revocation — by a later directive, by a signed revoking document, or orally in the direct physical presence of a health care provider — but decisions already made stand until the representative or provider has actual knowledge of it Capable
- A later-signed conflicting document controls, including one signed in another state where the declarant was physically present Capable
- Death of the declarant, except that authority continues for anatomical gifts, autopsy and disposition of the body unless the directive provides otherwise Deceased
Something missing or wrong for US — Indiana?
Ind. Code § 16-36-7-28; Ind. Code § 16-36-7-34; Ind. Code § 16-36-7-34; Ind. Code § 16-36-7-35; Ind. Code § 16-36-7-32; Ind. Code § 16-36-7-44; Ind. Code § 16-36-7-34
US — Iowa differs from the US model
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Iowa?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
US — Kansas differs from the US model
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Kansas?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Kentucky?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Designated by written instrument signed by the patient before at least two witnesses, which may set the order among several designees Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Louisiana?
La. Rev. Stat. §40:1151.4; UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2 (1993); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §8 (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
US — Maine differs from the US model
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Principal signs a written power of attorney for health care before 2 witnesses, in person — electronic signature is barred Capable
- Starts
- Determination that the principal lacks capacity, by the primary physician or a court unless the directive specifies otherwise; authority ceases on a determination that capacity has returned Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Maine?
Me. Rev. Stat. tit. 18-C, §5-803; UHCDA §18(a) (2023); UHCDA §2 (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §8 (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Maryland?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Attending physician determines in writing that the principal lacks capacity, stating cause, nature, extent and probable duration, entered in the permanent medical record Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Massachusetts?
UHCDA §8 (2023); UHCDA §2 (1993); Mass. Gen. Laws ch. 201D, §6; UHCDA §18(a) (2023); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Designation in writing by an individual 18 or older of sound mind; the patient advocate must accept before acting Capable
- Starts
- The attending physician and a second physician or licensed psychologist determine on examination that the patient cannot participate in treatment decisions, in writing and in the medical record Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Michigan?
Mich. Comp. Laws §700.5506; Mich. Comp. Laws §700.5508; UHCDA §18(a) (2023); UHCDA §2 (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §8 (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Principal with capacity executes a health care directive, verified by a notary or by witnesses, which may include a health care power of attorney (§§145C.02, 145C.03) Capable
- Starts
- The attending physician, advanced practice registered nurse or physician assistant judges the principal to lack decision-making capacity, or other conditions the principal specified are met Incapacitated
- Ends
- Principal recovers decision-making capacity in the clinician's determination — the directive ceases to be effective and revives if capacity is lost again Capable
- Revoked by destruction, a dated writing, words spoken before two witnesses, or a later inconsistent directive; a spouse or registered domestic partner agent is revoked by dissolution, annulment or termination proceedings Capable
Something missing or wrong for US — Minnesota?
Minn. Stat. § 145C.02; Minn. Stat. § 145C.03; Minn. Stat. § 145C.06; Minn. Stat. § 145C.07; Minn. Stat. § 145C.09
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Missouri?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Nebraska?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Declarant executes a proxy directive designating an adult with mental capacity Capable
- Starts
- The directive is transmitted to the attending physician or health care institution AND the patient is determined to lack capacity for the particular decision Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — New Jersey?
N.J. Stat. §26:2H-58; N.J. Stat. §26:2H-59; UHCDA §18(a) (2023); UHCDA §2 (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §8 (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Competent adult signs and dates health care proxy before two adult witnesses (agent cannot witness) Capable
- Starts
- Attending practitioner determines, in writing and to a reasonable degree of medical certainty, that principal lacks capacity; consultation required for certain decisions or conditions; notice to principal and agent Incapacitated
- Ends
- Attending practitioner determines principal regained capacity Capable
- Revocation (oral, written or any act showing specific intent); divorce or legal separation from spouse-agent unless proxy specifies otherwise Capable
- Expiration date or condition stated in the proxy Capable
- Death, except that the agent ranks first to make an anatomical gift of the decedent's body Deceased
Something missing or wrong for US — New York?
N.Y. Pub. Health Law §2981; N.Y. Pub. Health Law §2983; N.Y. Pub. Health Law §2985; N.Y. Pub. Health Law §4301
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Physicians designated by the principal determine in writing that the principal lacks sufficient understanding or capacity to make or communicate health care decisions Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — North Carolina?
UHCDA §8 (2023); UHCDA §2 (1993); N.C. Gen. Stat. §32A-20; UHCDA §18(a) (2023); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
US — Ohio differs from the US model
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Adult of sound mind executes a durable power of attorney for health care Capable
- Starts
- When the principal's attending physician determines the principal has lost the capacity to make informed health care decisions Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Ohio?
Ohio Rev. Code §1337.12; Ohio Rev. Code §1337.13; UHCDA §18(a) (2023); UHCDA §2 (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §8 (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An agent appointed under the Oklahoma Health Care Agent Act. The directive becomes operative only once it has reached the attending physician and the declarant can no longer decide, and a state registry holds filed directives with access for the agents they name. A replacement uniform act is enacted and takes effect on 1 July 2027.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Oklahoma?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- A copy of the health care power of attorney is given to the attending physician and that physician determines the principal is incompetent Incapacitated
- Ends
- Becomes inoperative during any time the attending physician determines the principal is competent Capable
Something missing or wrong for US — Pennsylvania?
UHCDA §8 (2023); UHCDA §2 (1993); 20 Pa.C.S. §5454
US — Texas differs from the US model
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Attending physician certifies in writing, filed in the medical record, that the principal is incompetent Incapacitated
- Ends
- Revocation by oral or written notice or any act showing intent to revoke, regardless of principal's competence; or a later medical POA Incapacitated
- Divorce, annulment or voiding of marriage to agent unless POA provides otherwise Capable
- Probate court suspends or revokes agent in guardianship proceeding Incapacitated
- Principal's death Deceased
Something missing or wrong for US — Texas?
UHCDA §8 (2023); UHCDA §2 (1993); Tex. Health & Safety Code §166.152; Tex. Health & Safety Code §166.155; Tex. Health & Safety Code §166.156
US — Utah differs from the US model
Agent under power of attorney for health care
An agent appointed in a power of attorney for health care under Utah's 2025 Uniform Health Care Decisions Act. One adult witness, who may attend by video or even by audio alone if the individual's identity can be authenticated; no notarisation. The agent's decisions need no court approval.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Utah?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Virginia?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Power of attorney grants general authority over health care matters Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — Washington?
UHCDA §8 (2023); UHCDA §2 (1993); Wash. Rev. Code §11.125.400; UHCDA §18(a) (2023); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)
Agent under power of attorney for health care
An individual appointed in a power of attorney for health care to make health-care decisions when the principal cannot. Under UHCDA (2023) decision-making power always 'springs' on a finding of lack of capacity, and only the health-information power may start at once. The 1993 Act let the document make the agent's authority effective immediately.
- Assigned
- Individual signs power of attorney for health care (2023: in a record with one qualifying adult witness; 1993: signed writing) Capable
- Starts
- Finding of lack of capacity under §4(b) or by a court (2023). 1993: primary physician's determination unless the directive says otherwise, or immediately if the POA so specifies Incapacitated
- Ends
- Principal found to have regained capacity (power ceases; may resume) Capable
- Revocation by principal; spouse-agent divorce/separation events; disqualification Capable
- Principal's death: neither UHCDA text expressly addresses this; no post-death powers (autopsy, disposition of remains) are granted. Any post-death anatomical-gift authority comes from Revised UAGA §9(a)(1) Deceased
Something missing or wrong for US — West Virginia?
UHCDA §8 (2023); UHCDA §2 (1993); UHCDA §18(a) (2023); UHCDA §4 (2023); UHCDA §2(d) (1993); UHCDA §2 cmt. (1993); UHCDA §15 (2023); UHCDA §15(d) (2023); UHCDA §3 (1993); UHCDA §2(3), (6), (28) (2023); Revised UAGA §9 (2006)