Published on: August 19, 2024
a) Explain your understanding of the following terms.
b) Provide an example of how each of these terms can affect patient care.
General Power of Attorney
Enduring Power of Attorney
Advanced Healthcare Directive
Guardianship"
a) Explanation of Terms
1. General Power of Attorney (GPA):General Power of Attorney (GPA):
Definition: A General Power of Attorney is a legal document that empowers one person to legally stand and act for another in legal and financial matters. This power is usually general in nature but may be made by the principal to be certain or confined to certain matters.
Characteristics: The powers vested are exercisable without any delay and cease only if the principal becomes insane or passes on, unless otherwise provided.
2. Enduring Power of Attorney (EPA):Enduring Power of Attorney (EPA):
Definition: An Enduring Power of Attorney is a type of Power of Attorney that is—not restricted to being exercised only in case of mental incapacity of the principal. It enables a person to handle the business affairs of the principal in regard to finances and legal matters when the principal is incapable of doing so.
Characteristics: It is intended to continue functioning even after the loss of capacity of the principal and can include financial and personal matters as the case may be in the jurisdiction.
3. Advanced Healthcare Directive (AHD):
Definition: An advanced healthcare directive is a legal document that is used to express the preference which a patient has regarding the type of medical treatment and care they wish to receive in the future in case they are unable to make such decisions on their own. It entails the living wills as well as the medical power of attorney.
Characteristics: It offers direction to the healthcare givers and the family and friends on the patient’s preferences on issues to do with resuscitation, donation of organs and other medical interventions.
4. Guardianship:
Definition: Guardianship can be described as a legal process where by a party is granted the authority by a court to act on behalf of another party who is incapacitated or disabled in one way or the other.
Characteristics: The following are the powers that can be granted in guardianship; personal, medical and financial and is often used where the patient has no family or friends to represent him/her.
b) How Each of the Term Can Influence the Patient Care
1. General Power of Attorney (GPA):General Power of Attorney (GPA):
Example: In case of hospitalization of the patient with a GPA, and the inability to manage the financial aspects of the patient’s life, the designated agent can process insurance claims, pay for bills and manage investments. Nevertheless, the GPA does not usually provide power concerning medical management, which may be inconvenient in case of medical interventions in the course of the patient’s disability.
2. Enduring Power of Attorney (EPA):Enduring Power of Attorney (EPA):
Example: Dementia is one of the complication which can occur in a patient with an EPA. Subject to the extent of the power of attorney granted, the appointed attorney can still look after the patient’s financial and legal matters including making payments of bills and property management. This can help the family to free some costs and responsibilities and, at the same time, meet the needs of the patient.
3. Advanced Healthcare Directive (AHD):
Example: With an AHD, it is clear on what the patient would want to do in the event that they get an accident and become unconscious; whether they would want a ventilator or not have any life-sustaining treatments. This helps in maintaining that the medical management given to the patient is what he/she would have wanted and reduces on conflict between family members or between the family and the doctors.
4. Guardianship:
Example: A guardian who is appointed by the court for an elder with severe cognitive impairment can also make the decisions regarding the healthcare of the person, whether to agree or decline a certain treatment and can also oversee the care plan of the patient. This way, decisions that the ward would otherwise make on their own behalf are made on their behalf when they cannot make them.
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