What is a Medical Power of Attorney?
…and Why You Should Have One.
Having a medical power of attorney, also known as an advance health care directive, means that you’ve appointed someone else to assist in making healthcare decisions for you in an emergency or if you are incapacitated. This person is called your agent. Your agent is given authority to speak with your medical providers to make decisions and choose treatment options according to your desires as written in your medical power of attorney and discussed with your agent.
What is a Medical Power of Attorney (POA)?
A medical power of attorney (POA) is a legal document that allows you to appoint someone to make medical decisions on your behalf if you are unable to do so. It can be used in conjunction with other advance directives, such as HIPAA authorization, a living will, and physician orders for life-sustaining treatment (POLST). A Medical Power of Attorney is a written statement that stipulates who your agent is and what kind of medical care you want if you cannot speak for yourself while being treated in an emergency or at any other time. A living will or POLST lays out your preferences regarding what kind of treatments you would want or do not want and your preferences for end-of-life care.
A person has the right to refuse treatment; doctors and healthcare professionals must honor this request unless it’s against the law or endangers the life of another.
What are the different options for a medical power of attorney?
There are several different types of medical power of attorney. These include:
General –
This is the most common type and gives your agent the ability to make all decisions for you, including those related to your medical care so long as you are unable to do so yourself.
Durable –
A durable POA remains effective even if you become incapacitated or lose mental capacity. A durable medical POA will remain in effect unless or until it’s revoked by anyone with authority to do so.
Springing –
When this type is used, the authority given by a document is granted only after you become incapacitated. This means your agent only becomes authorized to access your medical information and make medical decisions on your behalf once a physician determines that you cannot do so yourself. Think of it as your agent “springing” into action on your behalf.
Limited/Limited Durable/Permanency Limited –
These terms refer to limited powers where decision-making authority is restricted in some way, either by a power of attorney granted for a specific event or restricted to a certain period of time.
What does a medical power of attorney cover?
The medical power of attorney is a document that allows you to appoint someone else to make all of your health care decisions if you become incapacitated or unable to make them yourself.
In other words, it covers all of your healthcare needs both physical and mental while they’re in place—if they’re at their most basic level: what treatments are necessary on a day-to-day basis, who can give consent for surgery and other procedures (if required), what medications you will take or not take, where you’d like to go for rehab after an injury or illness, etc.
Who needs a medical POA?
- Anyone over the age of minority (18 in California). When you are a minor, a parent or guardian is authorized to make decisions on your behalf.
- Anyone who wants to specify their wishes if they become unable to make their own medical decisions.
- Anyone who wants to appoint someone to make their medical decisions for them.
- Anyone who wants to appoint someone else, such as a family member or friend, to make decisions about their treatment if they are unable to make the decisions themselves.
- ANYONE! Without a medical POA, your family may need to petition a court in order to make decisions on your behalf, creating unnecessary delays and costs related to your medical treatment as well as additional stress on your family and friends.
What should you consider when deciding who to choose as your primary medical POA?
When choosing a primary medical POA, here are three things to consider:
- Is the person willing to act on your behalf? Will they make the hard decisions that need to be made? Will they follow your wishes?
- Can you trust this person’s judgment with regard to your health and care? Can you trust them with potentially uncomfortable conversations about end-of-life care?
- How well do you know this person? Do you have confidence in their ability to represent you if necessary (e.g., when asking doctors questions)? Is there an existing relationship between the two of you that can help ensure an open communication style between all parties involved in making medical decisions?
When should you create an advance directive with a medical POA?
Every adult should have at least a basic medical POA. In the event that you are terminally ill, in a coma, or incapacitated, having an advance directive can help your loved ones make decisions on your behalf. Your medical power of attorney (POA) will outline all of the preferences and wishes that were discussed between you and your caregiver.
If you have a chronic condition that requires regular medication or treatment over time, then it’s wise to create an advanced directive with a POA in order to prevent any mishaps from occurring while making sure all future needs are met according to what is listed in the document.
What are some common mistakes people make when assigning their healthcare agent under a medical POA?
- Choosing the wrong person or not communicating with the agent you chose (an agent is not required to act, they must accept the responsibility),
- Not updating your POA when you change your health care agent,
- Not having a medical power of attorney at all.
If you make any of these mistakes, it could be a recipe for disaster and expose your loved ones to legal issues and cause delays in your care when it is needed most.
A medical power of attorney will give your treatment decisions to someone you trust in case you’re not able to make them for yourself.
A medical power of attorney is a legal document that allows you to designate a person or persons to make your medical decisions for you if you cannot do so.
If you are competent and able, it is important to discuss the matter with your family members and close friends so that they know what your wishes are when it comes to end-of-life care. With a medical POA in place, you are still in charge of your medical decisions if you are competent and able. Your agent is there to help you as needed.
A medical power of attorney is an essential part of every good estate plan. A medical POA allows you to designate someone to make your healthcare decisions for you in case you become unable to make those decisions on your own.
