US Lawyer Database

§ 34-6-304. Authority of Caregiver — Enrollment in Local Education Agency — Restitution to School District for Fraudulent Enrollment

Through the power of attorney for care of a minor child, the parent may authorize the caregiver to perform the following functions without limitation: Enroll the child in school and extracurricular activities; Obtain medical, dental and mental health treatment for the child; and Provide for the child’s food, lodging, housing, recreation and travel. Nothing contained […]

§ 34-6-305. Revocation of Power of Attorney

The power of attorney does not provide legal custody to the caregiver; provided, however, that, if at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any healthcare or educational decisions for the minor child, the parent must revoke the power of attorney and provide the […]

§ 34-6-306. Termination of Power of Attorney

The power of attorney for care of a minor child may be terminated by an instrument in writing signed by either parent with legal custody. The power of attorney for care of a minor child may also be terminated by any order of a court of competent jurisdiction that appoints a legal guardian or legal […]

§ 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 […]