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Can my Health Care Agent act when I am not suffering from a lack of capacity to make my own health care decisions?

April 26, 2017ACT agent decisions health care lack

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Can my Health Care Agent act when I am not suffering from a lack of capacity to make my own health care decisions?

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No. A Health Care Agent’s authority arises only when a determination has been made by the Principal’s physician or ARNP that the Principal lacks capacity to make health care decisions.