Relating to the authority of an attorney in fact under a durable power of attorney for health care

This bill relates to the authority of an attorney in fact (attorney) under a durable power of attorney for health care (durable power of attorney). Current law provides that an attorney under a durable power of attorney has the duty to act in accordance with the desires expressed in the durable power of attorney or made known to the attorney by the principal who executed the durable power of attorney. If the principal executes a declaration related to life-sustaining procedures, the declaration shall not be interpreted to prohibit the attorney from withdrawing hydration or nutrition in certain circumstances, or otherwise restrict the authority of the attorney. The bill requires the attorney in fact to act in accordance with the desires of the principal as expressed in the durable power of attorney, a declaration relating to the use of life-sustaining procedures, or made known to the attorney by the principal. The bill provides that the authority of the attorney shall not be restricted by the principal’s desires expressed verbally to a person other than the attorney, or in another document, unless the document authorizing the durable power of attorney states in a separate section that the durable power of attorney is limited, and includes the limitations on the attorney’s authority.