Family Nurse Practitioner Exam

Which statement regarding the role of an agent in a durable power of attorney is incorrect?

1. The agent's decisions are legally binding

2. The agent can make decisions in other areas of the patient's life such as financial issues

3. The agent can decide for the patient who is on life support when that life support can be terminated

4. The patient's spouse has a right to override the agent's decisions

The correct answer is: The patient's spouse has a right to override the agent's decisions

The statement about the patient's spouse having the right to override the agent's decisions is the incorrect one in the context of a durable power of attorney. In a durable power of attorney, the agent is authorized to make decisions on behalf of the principal (the person who created the power of attorney) regarding health care and, potentially, financial matters, depending on the scope granted. Once an individual has designated an agent, that agent's decisions are typically considered legally binding so long as they remain within the authority granted by the power of attorney. This means that the agent's choices regarding health care, financial issues, or life support decisions are respected by law and cannot be overridden by others, including the patient's spouse, unless stipulated otherwise in the power of attorney document itself or unless the agent is acting outside the powers granted. It's essential to understand that if the principal is incapacitated, the agent's authority takes precedence over other family members unless legal grounds exist to contest that authority. Hence, the role of the agent is clearly defined, and their decisions are not subject to revocation by the spouse without valid legal reasons.