Certainly, let's compare the differences between a healthcare proxy and a durable power of attorney (POA) in a table:
| Aspect | Healthcare Proxy | Durable Power of Attorney |
|---|---|---|
| Definition | A legal document that designates a trusted individual to make healthcare decisions on your behalf if you become unable to do so. | A legal document that grants authority to someone to manage financial, legal, or other affairs on your behalf, even if you become incapacitated. |
| Scope | Specifically applies to healthcare decisions, including medical treatment, surgery, and end-of-life choices. | Has a broader scope, covering financial, legal, property, and other non-healthcare matters. |
| Decision-Making Authority | Limited to healthcare decisions and does not grant authority over financial or legal matters. | Can cover various financial and legal decisions, such as managing bank accounts, paying bills, and selling property. |
| Activation | Becomes effective when a medical professional determines that you are unable to make healthcare decisions. | Can be effective immediately upon signing or at a specified future date, depending on your preferences. |
| Types of Decisions Covered | Covers medical treatment, organ donation, end-of-life decisions, and other healthcare-related choices. | Covers financial transactions, property management, legal contracts, and other non-healthcare matters. |
| Agent's Responsibilities | The healthcare proxy agent makes healthcare decisions based on your known wishes or, if unknown, in your best interests. | The durable power of attorney agent handles financial and legal matters, acting in your best interests and within the scope of the authority granted. |
| Termination | Ends upon your recovery or if you revoke it, and it does not grant authority over non-healthcare matters. | Can be terminated by revocation or expiration, depending on the terms in the document. |
| Legal Requirements | Typically governed by state-specific laws and may require notarization or witnessing, depending on the jurisdiction. | Governed by state-specific laws and may require specific language, notarization, or witnessing, depending on the type of power of attorney. |
| Substitute Decision-Maker | Appoints someone to make healthcare decisions when you cannot, based on your values and preferences. | Appoints someone to handle financial, legal, or other matters when you are unable to do so, following your instructions or best interests. |
| Common Usage | Used for healthcare situations, such as surgeries, medical treatments, or end-of-life decisions. | Utilized for a wide range of financial and legal matters, such as property management, bill payment, and contract signing. |
| Overlap with Advance Directives | May be part of an advance directive that includes instructions for medical care and designates a healthcare proxy. | Can be used alongside healthcare proxies but pertains to broader financial and legal matters. |
This table outlines the key differences between a healthcare proxy and a durable power of attorney, highlighting their scope, decision-making authority, activation, types of decisions covered, and legal requirements. These documents serve different purposes and address distinct aspects of your affairs and well-being