Sometimes accidents do happen, but I do not trust the hospital in my residence. What is the best way to form an affidavit of power of attorney over future medical intervention? I would rather nobody has the power to make medical decisions on my behalf, even close relatives.
I only trust one medical facility, and I trust only one doctor. If they are not available, I do not intend seeking any medical intervention now or in the future.
Why? Because I do not want someone putting me in a situation where I will be billed or charged for a service I did not consent to.I believe medical bills should only apply to people who requested treatment. If someone is being treated, and they did not consent to that treatment, and they get billed for the service, I believe that is extortion.
Each state has their form. You must use it to be sure it will be accepted. Otherwise guardianship may be expensive.
A power of attorney delegates decisionmaking to another person. Since that is something you do not wish to do, you have no need for a POA.
Complete a PA Medical Power of Attorney which will allow you to clearly state your wishes and you can appoint the doctor you mentioned as your agent (you should ask him/her to make sure they will act). If you don't want anyone, the form can be modified to state that the document is being signed only to state your wishes and that you want no one to have the power to make decisions for you but want the doctor to follow your exact instructions.
Your question, while reasonable, is a little confusing. You mention a hospital at your residence. You have to define what you mean by that. I will assume that you are somewhere, such as a nursing home, that has a Director of Nursing and nursing staff, but not an actual hospital.
While it is also reasonable to trust only one doctor or medical facility, by virtue of Pennsylvania law, you cannot make them your health care agent. Section 5455 of Title 20, which governs Advance Health Care Directives, states: "Unless related to the principal by blood, marriage or adoption, a health care agent of the principal may not be any of the following: (1) The principal's attending physician or other health care provider..." This is further complicated by section 5461 (d) of the law which states "...In the absence of a designation or if no designee is reasonably available, any member of the following classes, in descending order of priority, who is reasonably available may act as health care representative..." and the section goes on to name who in your family may serve as your representative. Section 6462 (c) states: 1) Health care necessary to preserve life shall be provided to an individual who has neither an end-stage medical condition nor is permanently unconscious, except if the individual is competent and objects to such care or a health care agent objects on behalf of the principal if authorized to do so by the health care power of attorney or living will. "
You should see if you can find someone who may serve as your health care representative. It may even be your attorney, and you should draft an Advance Health Care directive that complies with Pennsylvania law and clearly spells out your wishes, including what to do if the doctor you choose is not available to serve your needs.Because your request is out of the ordinary, your medical records and medical condition when you sign the document will also be relevant.
Of course, this answer does not create an attorney client relationship and you should seek the assistance of a competent attorney to help you with this matter. The information presented is for general educational purposes only and there may be facts not disclosed which would call for a different answer.
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