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Basics of Estate Planning
Living Will and
Durable Power of Attorney
for Health Care

Registration of Living Will and
Durable Power of Attorney for Health Care

General Power of Attorney

Estate Tax Considerations

Wills

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Estate Planning Definitions

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Basics of Estate Planning

Living Will and Durable Power of Attorney For Health Care

Effective on July 1, 2007, the Idaho legislature adopted a revised living will and health care power of attorney act. The living will and general power of attorney for health care are combined into one (1) integrated document. Prior to 2005, the living will and the power of attorney for health care were contained in two (2) separate and distinct documents. The current law does not require witnesses or a notary to be present when the document is signed, making it easier to execute the document in emergency situations. The Living Will may also incorporate a Physician Orders for Scope of Treatment form (otherwise known as a “POST”) which more specifically incorporates your wishes through an order entered in conjunction with your doctor. The POST form is meant to be compatible with your Living Will which directs a physician and other health care professionals as to the maker’s wishes in the event they are in a persistent vegetative state or have an incurable injury, disease or illness. The Living Will is generally associated with the removal of life support systems, but also extends to the administration of nutrition and hydration. If not diagnosed as being in a persistent vegetative state, one (1) physician must certify that (a) an injury, disease, illness or condition is terminal, (b) the application of artificial life-sustaining procedures would serve only to prolong artificially life, and (c) death is imminent, whether or not artificial life-sustaining procedures are utilized. Once executed, a copy of the Living Will or registration information (discussed below) should be provided to all treating physicians and to the agent named in the Living Will.

A Living Will must operate in conjunction with a power of attorney for health care. The “Durable Power of Attorney for Health Care” portion of this document includes provisions that incorporate the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA protects your rights regarding the use and disclosure of your individually identifiable health information or other medical records. The agent may encounter difficulty in accessing medical records or information without HIPAA compliance. The term “durable” means that the power of attorney continues to operate even though the maker becomes incapacitated. The Durable Power of Attorney for Health Care names an agent, who is a person you designate to make health care related decisions and to carry out the wishes of your Living Will. The agent is generally a family member or close friend. In the Durable Power of Attorney for Health Care, you can authorize alternate agents to act in the event the person named as your primary agent is unavailable or unable to act to make health related decisions for you. The agent can also be authorized to make funeral and burial arrangements for you after death or to carry out directives on these matters.

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Idaho Secretary of State Advance Directives Registry

Beginning January 1, 2007, you may choose to register your Living Will and Durable Power of Attorney for Health Care with the Idaho Secretary of State. Read more about Advance Directives Registry. arrow


  Updated 01/07/13

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Basics of Estate Planning - common documents, techniques or considerations reviewed in the estate planning process by Sandra L. Clapp & Associates, P.A.

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Note: This document is provided for informational purposes only. While every effort has been made to ensure its accuracy, it should not be relied upon as legal advice in individual situations. Please consult your legal advisor for personalized information.


 
 
 
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