Understanding Your Medical Power of Attorney
A Medical Power of Attorney, also called a Durable Power of Attorney for Health Care, allows a person, called the Principal, to give someone they trust legal authority to make health care decisions on their behalf if they become unable to make or communicate those decisions.
The person selected to make health care decisions may be called an Agent, Health Care Agent or Patient Advocate, depending on the state and document.
A Medical Power of Attorney deals with health care and medical decisions. It does not give the Agent authority to handle the Principal's financial matters.
Who Is the Principal?
The Principal is the person creating the Medical Power of Attorney and giving another person authority to make health care decisions if the Principal becomes unable to do so.
Who Is the Health Care Agent or Patient Advocate?
The Health Care Agent or Patient Advocate is the person selected by the Principal to make medical decisions when the Principal is unable to make or communicate those decisions.
Because the Agent may be called upon to make important health care decisions, it is important to choose someone who is trustworthy, understands the Principal's wishes and is willing to serve.
What Is a Successor Agent?
A Successor Agent is a person selected to serve if the original Health Care Agent becomes unable or unwilling to act. Naming a Successor Agent can help ensure that someone is available to make health care decisions if the first choice cannot serve.
When Does a Medical Power of Attorney Become Effective?
A Medical Power of Attorney generally becomes effective when the Principal is no longer able to make or communicate health care decisions. The document and applicable state law determine how incapacity is established and when the Agent's authority begins.
The state-specific signing and execution instructions included with the TotalLegal documents should be followed.
What Does "Durable" Mean?
A durable Medical Power of Attorney remains effective during the Principal's incapacity. This allows the Health Care Agent to continue making authorized medical decisions when the Principal is unable to make those decisions personally.
What Decisions Can a Health Care Agent Make?
The authority given to a Health Care Agent depends on the terms of the Medical Power of Attorney and applicable state law. Depending on the document, the Agent may be authorized to make decisions involving:
- Medical treatment and health care
- Consent to or refusal of treatment
- Doctors and other health care providers
- Hospitals, nursing facilities and other care arrangements
- Medical records and health information
- Pain relief and comfort care
- Psychiatric care
- Anatomical gifts
- Autopsy decisions
- Advance funeral arrangements
The Agent may exercise only the authority granted by the document and applicable law.
Are There Limits on the Agent's Authority?
Yes. A Health Care Agent must act within the authority provided by the Medical Power of Attorney.
The Agent should make the decisions the Principal would have made if able to do so. If the Principal's wishes are not known, the Agent should act in good faith and in the Principal's best interests.
How Does a Medical Power of Attorney Work with a Living Will?
A Medical Power of Attorney and a Living Will are both advance health care planning documents, but they serve different purposes.
A Living Will states the Principal's wishes concerning certain medical and life-sustaining treatment. A Medical Power of Attorney names another person to make health care decisions if the Principal becomes unable to make those decisions.
The Health Care Agent should consider and follow any valid Living Will or other health care directive made by the Principal.
For more information, see Medical Power of Attorney vs. a Living Will.
How Do I Choose a Health Care Agent?
Choose someone who is trustworthy, willing to serve and able to make difficult decisions if necessary.
Consider whether the person understands the Principal's beliefs and preferences, will follow the Principal's wishes and is willing to communicate with doctors, hospitals and other health care providers.
Does My Health Care Agent Have to Sign?
Requirements vary by state. Some states require the Agent or Patient Advocate to sign an acceptance or acknowledgment agreeing to act according to the Principal's wishes and best interests.
If an Agent acceptance or similar document is required, it will be included with the TotalLegal documents.
How Do I Sign My Medical Power of Attorney?
Signing requirements vary by state. Depending on the state, a Medical Power of Attorney may require witnesses, notarization, or both.
Follow the state-specific Guidelines for Executing Your Health Care Power of Attorney included with the TotalLegal documents.
Does My Medical Power of Attorney Need to Be Notarized?
Often, yes, but not always. Medical Powers of Attorney commonly require notarization, witnesses, or both, depending on the state.
Follow the state-specific signing instructions included with the TotalLegal documents to determine the requirements that apply.
For more information, see Guide to Notarizing Estate Planning Documents.
Can I Change My Medical Power of Attorney?
A Medical Power of Attorney can generally be changed while the Principal has the legal capacity to do so.
If a new Medical Power of Attorney is created, it should be properly completed and signed according to the applicable state requirements. Old copies should be replaced to reduce the possibility of confusion.
Can I Revoke My Medical Power of Attorney?
Yes. A Principal can generally revoke a Medical Power of Attorney while legally capable of doing so.
After revoking the document, the Health Care Agent and health care providers who may have relied on the prior Medical Power of Attorney should be notified.
When Does a Medical Power of Attorney End?
A Medical Power of Attorney may end when the Principal dies, revokes the document, or when another event specified in the document or required by law causes the Agent's authority to end.
The Agent's authority may also end if the Agent can no longer serve and no Successor Agent is available.
Does a Medical Power of Attorney Cover Financial Decisions?
No. A Medical Power of Attorney deals with health care and medical decisions. A Financial Power of Attorney is used to authorize another person to handle financial and property matters.
For more information, see Financial and Medical Power of Attorney Differences.
I Was Named as Someone's Health Care Agent. What Should I Do?
A person named as Health Care Agent or Patient Advocate should become familiar with the Principal's wishes before medical decisions are needed and understand the authority provided by the Medical Power of Attorney.
For more information about serving as a Health Care Agent, see Agent's Guide to Making Health Care Decisions for Others.