THE FOLLOWING LEGAL STUDY ARTICLE POSTING IS INTENDED TO SUPPORT AWARENESS AND UNDERSTANDING. IT IS ONLY A PRELIMINARY LEVEL LEGAL STUDY ARTICLE AND IT IS NOT LEGAL ADVICE. IF THE READER SEEKS LEGAL ADVICE CONCERNING HIS OR HER PARTICULAR SITUATION, HE OR SHE SHOULD SEEK OUT AN ATTORNEY IN A LAWYER CLIENT RELATIONSHIP.
A Health Care Agent Acting Under A Power Of Attorney Shall Have The Authority To Make Any Health Care Decision And To Exercise Any Right And Power Regarding The Principal’s Care, Custody and Health Care Treatment That The Principal Could Have Made and Exercised.
The Health Care Agent Shall Consult With Health Care Providers And Gather Information On The Principal’s Prognosis and Acceptable Medical Alternatives Regarding Diagnosis, Treatments and Supportive Care.
The Health Care Agent Must Assess the Principal’s Best Interests , Taking Into Consideration the Preservation of Life , the Relief from Suffering , and The Preservation or Restoration of Functioning.
A Health Care Agent Should Implement The Assistance Alternative That Is Least Restrictive To The Principal’s Health and Financial Interests.
A. A Health Care Agent Acting Under A Power Of Attorney Shall Have The Authority To Make Any Health Care Decision And To Exercise Any Right And Power Regarding The Principal’s Care, Custody and Health Care Treatment That The Principal Could Have Made and Exercised, Including the Power to Authorize Admission to a Medical, Nursing, Residential or Similar Facility, or To Enter Into Agreements for the Principal’s Care .
See 20 Pa. C.S.A. § 5456 (a)
….Except as expressly provided otherwise in a health care power of attorney….., a health care agent shall have the authority to make any health care decision and to exercise any right and power regarding the principal’s care, custody and health care treatment that the principal could have made and exercised. The foregoing power shall include the power to authorize admission to a medical, nursing, residential or similar facility, or to enter into agreements for the principal’s care.
B. The Health Care Agent Shall Consult With Health Care Providers And Gather Information On The Principal’s Prognosis and Acceptable Medical Alternatives Regarding Diagnosis, Treatments and Supportive Care. In the Absence of Instruction, the Healthcare Agent Shall Make Health Care Decisions That Conform to the Health Care Agent’s Assessment of the Principal’s Preferences and Values, Including Religious and Moral Beliefs. The Health Care Agent Must Assess the Principal’s Best Interests , Taking Into Consideration the Preservation of Life , the Relief from Suffering , and The Preservation or Restoration of Functioning.
See 20 Pa. C.S.A § 5456 (c)
(1) The health care agent shall gather information on the principal’s prognosis and acceptable medical alternatives regarding diagnosis, treatments and supportive care.
(5) (i) In the absence of instruction, the health care agent shall make health care decisions that conform to the health care agent’s assessment of the principal’s preferences and values, including religious and moral beliefs.
(ii) If the health care agent does not know enough about the principal’s instructions, preferences and values to decide accordingly, the health care agent shall take into account what the agent knows of the principal’s instructions, preferences and values, including religious and moral beliefs, and the health care agent’s assessment of the principal’s best interests, taking into consideration the following goals and considerations:
(A) The preservation of life.
(B) The relief from suffering.
(C) The preservation or restoration of functioning, taking into account any concurrent disease, illness or physical, mental, cognitive or intellectual condition that may have predated the principal’s end-stage medical condition.
C. A Health Care Agent Should Implement The Assistance Alternative That Is Least Restrictive To The Principal’s Health and Financial Interests.
See 20 Pa C.S § 5518 ( Concerning Guardianship Statute)
…. The petitioner…. must also present evidence regarding the services being utilized to meet essential requirements for the alleged incapacitated person’s physical health and safety, to manage the person’s financial resources or to develop or regain the person’s abilities; evidence regarding the types of assistance required by the person and as to why no less restrictive alternatives would be appropriate; ….
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