US Lawyer Database

§ 34-6-218. Release of Personal Health Information to Determine Capacity

Where it is necessary, under the terms of a durable power of attorney to determine the mental or physical incapacity of a patient, a healthcare provider may release personal health information to a licensed physician or licensed attorney at law if the physician or attorney at law signs and furnishes the healthcare provider with an […]

§ 34-6-216. Attorney in Fact Other Than Parent

If a valid durable power of attorney for health care, executed pursuant to this part, designates a person other than a child’s parent to consent to treatments or procedures, the power of attorney shall control.

§ 34-6-217. Effect and Interpretation of Durable Powers of Attorney

A durable power of attorney for health care entered into before July 1, 2004, under this part shall be given effect and interpreted in accord with this part. A durable power of attorney for health care entered into on or after July 1, 2004, that evidences an intent that it is entered into under this […]

§ 34-6-205. Warning Statement

If a person other than the principal prepares a durable power of attorney for health care for the principal, the document shall contain the following warning statement. The failure to include the warning statement in the document shall not affect the validity of the document: WARNING TO PERSON EXECUTING THIS DOCUMENT This is an important […]

§ 34-6-206. Access to Medical Records and Information

Except to the extent the right is limited by the durable power of attorney for health care, an attorney in fact designated to make health care decisions under the durable power of attorney has the same right as the principal to receive information regarding the proposed health care, to receive and review medical records, and […]

§ 34-6-207. Revocation

The principal may, after executing a durable power of attorney for health care, do any of the following: Revoke the appointment of the attorney in fact under the durable power of attorney for health care by notifying the attorney in fact orally or in writing; or Revoke the authority granted to the attorney in fact […]

§ 34-6-208. Liability of Health Care Provider

Subject to any limitations stated in the durable power of attorney for health care, and, subject to subsection (b) and §§ 34-6-210 — 34-6-212, a health care provider is not subject to criminal prosecution, civil liability or professional disciplinary action except to the same extent as would be the case if the principal, having had […]

§ 34-6-210. Principal’s Objection to Withholding or Withdrawal of Care

Nothing in this part authorizes an attorney in fact to consent to the withholding or withdrawal of health care necessary to keep the principal alive, if the principal objects to the withholding or withdrawal of the health care. In that instance, that health care decision shall be governed by the law that would apply if […]