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LegalCornerTM - Health Care Directives and Living Wills F.A.Q.'s

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Q.Who can make a Living Will, Durable Power Of Attorney or Advance Health Care Directive?

A.A Living Will, Durable Power of Attorney For Health Care, and Advanced Health Care Directive can be completed by any person who has reached the age of majority (age 18 or 21 depending on your state) and is of sound mind. An individual is considered to be “of sound mind” if able to understand what the document means, what it contains, and how it works.

An advanced health care directive, however, will not take effect (give your named agent any power over your health care decisions) until your doctor determines that you lack the ability to communicate your desires or lack the ability to understand the nature of your condition and treatment options.

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