Sometimes referred to as a “health care proxy,” the more common term for the appointment of a surrogate decision-maker is the creation of a “durable power of attorney.” By placing the word “durable” in front of a regular power of attorney, individuals create an “enduring” power for their appointed “attorney-in-fact” that survives and continues in effect, even if they become incapacitated or lose competency. A durable power of attorney for health care decisions can be worded so that it takes effect only under conditions in which where individuals are unable to competently express their own wishes, or it may be worded to have immediate and continuous effect, whether or not they are incapacitated.