What must be present for a fiduciary to make decisions regarding extraordinary procedures?

For a fiduciary to make decisions regarding extraordinary procedures, having a Durable Power of Attorney or a living will is essential. These legal documents grant a designated person the authority to make significant health care and financial decisions on behalf of another individual when that person is unable to do so themselves. A Durable Power of Attorney specifically allows the fiduciary to act even if the principal becomes incapacitated, while a living will outlines the individual's preferences regarding medical treatment and end-of-life decisions.

This formal documentation is crucial because it serves to confirm the intent of the individual regarding their care. It ensures that the fiduciary is acting within the scope of their authority and honors the wishes of the individual, which is particularly important in situations involving extraordinary medical procedures or interventions. Without such written agreements, a fiduciary may lack the necessary authority to make high-stakes decisions, potentially leading to legal disputes or actions that are contrary to the beliefs and desires of the person they represent.