FAQs About Legal and Insurance
Do I Need a Durable Power of Attorney When Abroad?
Will Other Countries Recognize My Power of Attorney Document?
Will Foreign Medical Facilities Honor My Power of Attorney Document?
If I Am Unable to Make Decisions for Myself during or after Treatment, Will the Medical Tourism Facility Recognize the Authority of My Designated Guardian or Proxy?
A durable power of attorney (PoA) is a legal document that allows you to designate another individual to act on your behalf with regards to important medical or legal decisions. One typically drafts a power of attorney when traveling abroad for study programs, extended vacations, or work relocation. However, it is becoming increasingly common for medical tourists to create PoAs before going abroad for treatment.
While it is usually a good idea to appoint a close, trusted relative or friend as your proxy “attorney,” there are no guarantees that all third parties will accept the terms of such a document. This is as true in your home country as it is for most of the medical tourism destinations that you might visit around the world. However, if the power of attorney document is notarized by the appropriate consulate, this can add substantial legitimacy to your paperwork. Let's say that you plan to travel to Thailand, and you want your sister to act as your proxy in case of an emergency. Then you should visit the closest Thai consulate in your home country and have the appropriate authorities notarize the letter. You should also go through the same notarization process with the appropriate authorities in your domestic jurisdiction. In other words, having an American notary public, attorney, or equivalent sign off on your letter is a good idea if you live in the United States.
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What Legal Recourse Do I Have if the Operation Goes Wrong?
Do I Have the Right to Sue for Malpractice?
Malpractice laws vary from region to region, and of course, your particular treatment will influence your options as well. But as a general rule, you’ll be subject to the laws of whatever country you are in. For a more detailed discussion, please visit our Medical Tourism Malpractice and Liability section.
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When determining insurance coverage and liability, there are a number of variables worth exploring. Below are just a few of the questions you might have to answer before learning whether or not you’re covered for any particular procedure.