What is required for an individual to set up instruments like durable power of attorney or healthcare surrogate?

To set up instruments such as a durable power of attorney or a healthcare surrogate, an individual must be competent. Competence refers to a person's ability to understand and make informed decisions regarding their affairs, including legal and healthcare matters. These instruments are intended to provide a mechanism through which a person can designate another individual to act on their behalf when they are unable to do so, typically due to incapacity. However, the individual must have the mental capacity to understand what they are doing at the time of creating these documents.

If a person is under guardianship, incapacitated, or in a medical emergency, they may not possess the necessary competence to designate someone to act for them effectively. Therefore, being competent is a critical requirement for establishing a durable power of attorney or a healthcare surrogate.