Sec. 2. (a) Except as provided in subsection (b), a power of attorney is effective on the date the power of attorney is signed in accordance with section 1(a)(4) of this chapter. (b) A power of attorney may: (1) specify the date on which the power will become effective; or (2) become effective upon the occurrence of an event. (c) If a power of attorney becomes effective upon the principal's incapacity and: (1) the principal has not authorized a person to determine whether the principal is incapacitated; or (2) the person authorized is unable or unwilling to make the determination; the power of attorney becomes effective upon a determination that the principal is incapacitated that is set forth in a writing or other record by a physician, licensed psychologist, or judge. (d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may: (1) act as the principal's personal representative under the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 201 et seq.) and any rules or regulations issued under that act; and (2) obtain access to the principal's health care information and communicate with the principal's health care provider.
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