It is important to recognize that each State in the Union has its own legal documents that corresponds to Wisconsin's Durable Power of Attorney and the Power of Attorney for Health care.
In most States, an adult is anyone who has celebrated their 18th birthday.If an adult becomes mentally or physically unable to make their own financial or health care decisions someone else needs to. Who is this someone going to be? Is it going to be an individual the incapacitated person has preselected or someone the Court system assigns?
When an individual is an adult, no one, including parents', spouse, significant other, sibling or nearest next of kin can make financial or health care decisions with out these legal documents. If an adult is unable to make financial or health care decisions and these documents have not been properly completed prior to the situation that has caused the individual to become incapacitated; a legal guardianship will need to be applied for. A costly and time consuming legal document to allow an individual to make health care or financial decisions for the incapacitated individual.
The Power of Attorney for Health care is a legal document that gives an individual the opportunity to assign agents to follow his/her health care wishes if the individual is
unable to do so. This document can have up to 3 agents. To activate this document, it requires a signature of two physicians that state the individual is unable to make their own health care decisions.(www.oag.state.ny.us/seniors/pwrat.html)
Please contact an attorney for further questions and expertise.
It is important to recognize; foreign countries have required legal documents that although they may not directly correspond with the Durable Power of Attorney and Power of Attorney for Health care,the countries require legal documentation that state the individual assigns an agent to make decisions in that country if the individual becomes incapacitated. Sadly most foreign countries will not accept the above USA documents.
The US Department of State has a web site,www.State.Gov. It is at this web site that an individual can contact the designated foreign country for the legal documents required to name an agent for their financial or health care decisions if they become incapacitated while abroad.
Instructions:
International travel
Consular Information sheet
Select corresponding letter of alphabet.
Select country
Call embassy and talk with an individual who will assist you with the correct forms.