Certifications for advance directives and findings of incapacity related to powers of attorney for health care. (FE)

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill makes the following changes regarding certifications for advance directives and health care powers of attorney:

1. Allows, unless a health care power of attorney instrument specifies otherwise, one physician and one qualified physician assistant or nurse practitioner to personally examine principals and make findings of incapacity upon which a health care power of attorney becomes effective. Under a health care power of attorney instrument executed under current law, unless specified otherwise, two physicians or one physician and one psychologist must personally examine and determine that a principal has incapacity for a health care power of attorney to become effective. Also, a physician assistant may make findings of incapacity under the bill only if a physician who oversees the physician assistant's practice affirms that the physician assistant is competent to evaluate the capacity of patients to manage health care decisions. A health care power of attorney instrument designates another person as an agent to make health care decisions on behalf of an individual who is incapable of making those decisions.

Who's behind it

20 lawmakers are its authors⁠. 10 are Democrats and 10 are Republicans.

15 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DHS

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

• Amendment Histories
• LC Amendment Memo