Does a POWER OF ATTORNEY FOR HEALTH CARE/ADVANCE HEALTH CARE DIRECTIVE need to be notarized?
In some jurisdictions, a durable power of attorney can also be a “health care power of attorney.” This particular affidavit gives the attorney-in-fact the authority to make health-care decisions for the grantor, up to and including terminating care and life support. The grantor can typically modify or restrict the powers of the agent to make end-of-life decisions. In many jurisdictions a health care power of attorney is also referred to as a “health care proxy” and, as such, the two terms are sometimes used interchangeably.
Relationship with advance health care directive
Related to the health care power of attorney is a separate document known as an advance health care directive, also called a “living will”. A living will is a written statement of a person’s health care and medical wishes but does not appoint another person to make health care decisions. Depending upon the jurisdiction, a health care power of attorney may or may not appear with an advance health care directive in a single, physical document. For example, the California legislature has adopted a standard power of attorney for health care and advance health care directive form that meets all of that state’s legal wording requirements for a power of attorney and advance health care directive in a single document. Compare this to New York State, which enacted a Health Care Proxy law that requires a separate document be prepared appointing one as your health care agent.