DURABLE POWER OF ATTORNEY FOR HEALTH CARE - Pregnancy Provision
Q: My wife and I were reviewing her Power of Attorney, which contains pregnncy provision (see below). But we're having trouble interpretting the impact of the last sentence. Can anyone help us? If I have been diagnosed as pregnant and that diagnosis is known to my physician, this document shall have no force or effect during the course of my pregnancy. However, if at any point it is determined that it is not possible that the fetus could develop to the point of live birth with continued application of life-sustaining procedures, it is my preference that this document be given effect at that point. If life-sustaining procedures will be physically harmful or unreasonably painful to me in a manner that cannot be alleviated by medication, I request that my desire for personal physical comfort be given consideration in determining whether this document shall be effective if I am pregnant.
A: Although evidently in a document (somewhat) similar in generalized function (i.e., to designate A to be P's agent for stated purposes) yet perhaps not customarily/properly nor helpfully referrable to as a "Durable Power of Attorney" (as compared with a so-called "living will" or "health care proxy"), it is an astoundingly badly-drafted and, anyway, potentially humongously stupid provision to ask [compare: to direct] the agent to do this: In situations when the agent would be authorized to act (assuming that some mischievous medical care provider or other third-person doesn't consider him/herself invited by this very provision to claim that the agent is not authorized to act!), in deciding whether to administer to withhold (or [if otherwise permitted by the document(?)] to withdraw previously-provided) medical care/procedures to the principal when the agent believes (who decides: with or without fact-based reason?) so doing might also have the effect of harming the fetus, please (in some entirely unspecified way) take into account (in other words: at least think a little bit about) whether being influenced by concern for the fetus would have the effect of harming (but only "physically") or otherwise hurting (but only if "unreasonably" - as decided by who?) the principal. Assuming (though you haven't said one way or t'other) that there are not special facts about your wife's health/medical condition that already provide reason to be concerned about some specific serious health-care issue for her (or for the fetus) and that all health care providers and other third-persons who may be concerned about her act sensibly and in good faith, the very great likelihood of course is that