Powers of Attorney for Personal Care and Health Care Directives
KNOWLEDGE EXPECTED OF: Both CFP® Professionals and QAFPTM Professionals
- Explain the purpose of a personal and/or health care directive.†
- Explain risks to an individual associated with failing to appoint a representative†† to make personal or health care related decisions.
- Explain the factors to consider in choosing a representative to make personal or health care related decisions, such as:
- Identify names of documents used to denote that an individual has substitute decision-making power for the personal or health care of another individual such as:
- Power of attorney for personal care
- Personal directive
- Advance health care directive or proxy
- Advance directive
- Representation agreement
- Living will
- Durable power of attorney for medical care
- Explain when a representative’s power under a personal and/or health care directive becomes effective.
- Explain when a representative’s power under a personal and/or health care directive ceases.
- Explain areas of decision-making that a representative named in a personal and/or health care directive may engage in on behalf of the grantor, such as:
- Explain whose responsibility it is to advise medical practitioners of the existence of a personal and/or healthcare directive.
- When the grantor is able to advise medical practitioners
- When the grantor is unable to advise medical practitioners (i.e. incapacitated)
- Explain events that terminate a personal and/or health care directive, such as:
- Revocation of personal and/or health care directive by grantor, while mentally capable
- Death of grantor
- Death, incapacitation, or resignation of representative and no other (substitute or joint) representative is named
- Court appoints a representative for personal care
- Creation of a new personal and/or health care directive where no clause has been added to maintain the previous personal and/or health care directive
- Identify that a representative named in a personal and/or health care directive may be entitled to compensation for their services.
- Identify that a supported decision-making agreement††† exists in some jurisdictions.
- Identify the permissible activities that a supporter named under a supported decision-making agreement may engage in on behalf of the donor.
† The term personal and/or health care directive also relates to a power of attorney for personal health in this section.
†† A representative is used to denote the individual that was appointed by the grantor to make decisions or act on their behalf for personal and/or health care related decisions.
††† A supported decision-making agreement refers to any document for which the grantor may appoint an individual to assist them in making decisions, while not providing that individual with any decision-making authority.
Glossary of Verbs (mouse over to see definition)
To state exactly the meaning of
To be aware of / to recognize and correctly name / to locate an appropriate resource
To make clear the meaning of / to describe something in more detail or reveal relevant facts or ideas related to it
To note the similarities and differences between two or more things
To determine an approximate value for
To find the value using mathematics
To change from one form or purpose to another
To reach a conclusion or make a judgement through careful study
To give the meaning of / to construe or understand / to translate orally