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When can Medical Powers of Attorney be used?

  • Medical powers of attorney go into effect immediately when signed, but can only be used when:
    • the principal is incompetent, and
    • the principal’s attending physician certifies the principal is incompetent.
  • Once the principal regains competency, the agent cannot speak on the principal’s behalf.
  • The principal can object to health care decisions at any time.
  • The agent’s decisions will not override the principal’s objection—even if the principal is incompetent.