I had a DPOA done in one state and then I moved to another state. Is it still legal in the new state? With a DPOA can my family member who is listed on it require my doctor to talk to him regarding my care?

If the durable power of attorney that you completed before was for health care decisions, it's possible that it would be honored in your current state of residence. However, to make sure, it would be best for you to complete a form specific to your current state. You do not need an attorney to do this. The Partnership for Caring web site has free state specific forms (requires registering) at www.partnershipforcaring.org/Advance/index.html. Some states require that the form be notarized while others allow you to have it witnessed. You should be able to tell this when you look at the form.

Generally if you have an advance directive like a durable power of attorney for healthcare decisions or living will you need to give a copy to your doctor(s), the person you designate to act on your behalf, and take a copy with you every time you go to the hospital. Hospitals are supposed to ask every person admitted if he/she has an advance directive.

If you are not able to communicate your wishes about healthcare decisions, physicians treating you would need to talk with the person you have designated on the form as your "agent" to get his/her permission for different treatments. To be sure that the person you name to act on your behalf will make the same decisions you would make, have a frank discussion about what treatments you would want and those you would refuse. Remember, advance directives can be changed at any time. That's one advantage to having forms you can download. Just be sure that you've gotten back the old forms and given the updated form to all your doctors and the hospital if you change the form.