A medical power of attorney always involves two people: the principal (that’s you) and the agent. Just like in Hollywood, right? Not quite. In this case, a smooth-talking hustler is the last person you want as an agent.
A medical power of attorney (medical POA or health POA) is a legal document you use to name an agent and give them the authority to make tough medical decisions for you. A medical POA is different from a normal POA (which is more general) or a financial POA (which is similar but for your money). The agent can only use the power a medical POA gives ...
Typically, a medical POA only comes into play when someone: Falls into a coma as the result of brain injury or stroke. Has a lapse of mental health keeping them from being of sound mind. Loses the power of communication through disease or dementia. Yeah, we’re talking about serious medical situations.
Maybe you’re wondering what could ever happen to keep you from speaking with doctors about what kind of care you want. Painful as it is to say, this kind of situation happens more often than we’d like! Typically, a medical POA only comes into play when someone: 1 Falls into a coma as the result of brain injury or stroke 2 Has a lapse of mental health keeping them from being of sound mind 3 Loses the power of communication through disease or dementia
And there may be other ways you can scramble those words to say the same thing! The point here is that filing a medical power of attorney is how you ensure that someone you trust can speak on your behalf if become medically incapacitated.
But what about those times when you might be only temporarily out of commission and your doctor expects you to recover consciousness? Your family will still want the power to make decisions on your behalf, and only a medical POA could specifically give them the power to share your wishes with doctors.
For your medical POA to be truly binding, you must be “of sound mind” when you create and sign it. Hey, we’re all a little crazy at times, right? If that requirement seems strange, it’s just there to prevent anyone from trying to create a medical POA after you’ve become unable to function.
Medical power of attorney is a designation that is given to a person that enables them to handle health care related-decisions on a patient’s behalf. The exact decision-making responsibilities depend on what the patient instructs in the document. If the patient, for example, only wants to give powers related to non-life-threatening medical conditions.
Step 1 – Identify the Roles. The person giving powers is known as the principal and the person receiving powers is known as the agent or attorney in fact. Therefore, it’s very important that the principal chooses someone that is close to them and would have their best interests in mind when making any type of decision.
AK – Two (2) Witnesses or a Notary
The principal can choose to limit the powers of the agent by only allowing them to make decisions in certain situations. For example, if the principal is getting surgery, the document can be limited to that one (1) occurrence.
The principal can select, depending on the State, up to two (2) or three (3) health care agents to act on their behalf. Due to medical emergencies being able to occur at any time, it’s important to name more than one (1) agent in the document.
Compensation ($) – The principal can include language in the form that allows the agent to be paid for their services. It’s common for the principal to offer reimbursement for food, travel, and lodging while performing on their duties.
Durable (Financial) Power of Attorney – Often times a durable, or financial power of attorney, is authorized at the same time with the agent being the same for both.
A medical power of attorney is a legal document that names one person the health care agent of another person. The agent has the ability to make health care decisions and the responsibility to make sure doctors and other medical personnel provide necessary and appropriate care according to the patient’s wishes. This includes end-of-life care.
Ideally, this person is comfortable around medical professionals and is willing to ask necessary questions to understand the situation, potential outcomes and complications. The agent also should have the ability to carry out the patient’s wishes and not let personal feelings interfere.
Deeper definition. Although discussing topics like end-of-life care is uncomfortable for some people, planning in advance for medical care is a good idea. It ensures that people receive the type of care they want and that no one violates their wishes by forcing them to undergo treatments they know they don’t want.
The process of getting a Medical Power of Attorney is quite similar to other POAs. You can either complete a Healthcare POA formyourself or you can seek out an Attorney at Law to help you draft the document.
In the event that you are medically incapacitated and there is no Healthcare Power of Attorney document in force, the medical decision making will instead fall to your immediate family membersin most states.
A Medical Power of Attorney (POA) is a form of Durable POA that allows you to appoint an individual (often known as your agent or Attorney-in-Fact) to make important, sometimes life or death medical decisions for you if you cannot.
Be aware, there are five stateswhich require principals to provide detailed instructions on their Healthcare POA. Standard forms just appointing an agent will not work in these locations. These states are:
Normally, Medical Power of Attorneyforms just names the agent as the person responsible for consenting to treatment if the principal cannot. They are not liable for the costsof the healthcare itself.
As you are granting such far-reaching powers, your Attorney-in-Fact needs to be carefully chosen. It doesn’t necessarily have to be a member of your family but it should always be someone you trust.
This differs greatly from a General Power of Attorneywhich is more commonly used by the public and can only appoint an agent to manage your financial assets. Instead, this type of medical-legal document can be put in place to provide for your healthcare necessitiesin the event of incapacitation.