A durable power of attorney does not grant your agent (the “attorney-in-fact”) the ability to make health care decisions for you should you become incapacitated. The right to make health care decisions is granted in a separate document known in New York as a “Health Care Proxy.”
You may appoint the same person as your agent under both a durable power of attorney and a New York health care proxy. However, you must execute two separate documents to do this. To plan for future incapacity, you should execute both a durable power of attorney, living will and a health care proxy.
Provisions in the power of attorney regarding health care billing and payment matters allow the agent access to health care records in accordance with HIPAA requirements.
If you or a family member need assistance with power of attorney me at (716) 333-5144.
