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If the compensation is not addressed in the PoA, the attorney can apply to the Court to be compensated. Currently, the general rule (which can be varied) is that compensation will be 3% of all capital & revenue receipts, 3% of capital and revenue disbursements, and 0.6% for annual care.
The general term for such person is surrogate decision maker. If there is no health care power of attorney document in place and no court-appointed guardian with authority to make health care decisions, most states provide for a default surrogate decision maker in their state laws.
Generally, an estate executor in Ontario gets paid 5% of the estate's value. So if an estate was valued at $250,000, then the estate executor would receive $12,500. The remaining 2.5% represents all revenue receipts and disbursements. However, this percentage isn't set in stone.
The general mechanism that society has developed to compensate for a lack of decision-making capacity is substitute decision making. Because incompetent patients lack decision-making capacity, their right to choose must be exercised for them by substitute decision makers.
If a person lacks the capacity to make decisions, the physician and health care team will usually turn to the most appropriate decision-maker from close family or friends of the person.

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In selecting a medical decision maker, you should choose a person that is 18 years or older, someone you trust to speak and make judgments on your behalf, a person who can make quick decisions under pressure, and someone who is well informed about these potential responsibilities.
Lawyers: To make your wishes clear, you can use two different legal forms called \u201cadvance directives.\u201d The first is a living will, which tells doctors what kind of care you want to get at the end of your life. The second is called a health care power of attorney, which names your health care agent.
Ideally, patients will have created a durable power of attorney for health care. If a patient did not do this, state statutes specify which individuals can serve as surrogates; a current spouse typically is the first choice. Ideally, surrogates should use substituted judgment in making decisions.
A durable power of attorney for healthcare may also be called a \u201cmedical power of attorney\u201d or \u201chealthcare power of attorney.\u201d This document, which should be notarized, designates a proxy or surrogate to act as a decision maker for your care and treatment in the event you are incapacitated by illness or injury and ...
[1] Power of attorney for the sole purpose of making medical decisions on your behalf, or a health care agent named in your advanced health care directive (which outlines your wishes in the event you become incapacitated).. [2] Power of attorney over health care decisions (as you appoint). [3] N.C.G. S.

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