Health Care Power of Attorney Documents

Most people put off making long-term care decisions until it’s too late. But planning ahead can save you and your family members a lot of problems. This includes planning for your care if you’re no longer able to communicate your wishes. A health care power of attorney gives someone else the power to make health care decisions on your behalf.

Estate planning laws can vary by state. For legal advice about estate planning documents, including a health care power of attorney document, talk to an estate planning attorney about your legal options.

What Is a Health Care Power of Attorney?

A health care power of attorney (POA) is a legal document that allows someone (the agent) to make decisions about another person’s (the principal) health care when they can’t make decisions on their own.

Health care POAs can refer to both the legal document and the specific person in charge of making medical decisions on behalf of the principal.

Depending on your state, you may know this type of power of attorney by another name like:

• Medical power of attorney
• Advance directive
• Advance health care directive
• Durable power of attorney for health care
• Designation of health care surrogate or agent
• Health care proxy
• Living will and durable power of attorney
• Living will directive and health care surrogate

Thinking of yourself or your elderly loved one getting sick or dying may feel uncomfortable. However, planning ahead can save you and your loved ones from additional stress during a difficult time.

How Does a Health Care Power of Attorney Work?

This power of attorney activates when you’re unable to communicate your decisions about your health care to others. The agent you designated can ensure the doctors follow your specific directives. They also have the power to choose your health care as they believe you would for yourself.

Suppose your health care power of attorney grants your spouse this power, and the document specifies you don’t want to pursue any further treatment if you can no longer breathe on your own. If the doctor informs your spouse you will require life support for the rest of your life, your spouse will be empowered to respect your wishes.

The choices you make when creating a medical POA are deeply personal. They involve trusting another person with life-and-death decisions. This legal instrument protects any decisions you or your loved one have made about your medical care and ensures your wishes are followed. In cases of elderly loved ones, creating this document before their mental capabilities start to fade is especially important.

Why Have a Health Care Power of Attorney?

You have the right to choose who you want to be in charge of your care, making sure your wishes are respected. You can choose your spouse, partner, friend, adult child, or co-agents you trust—people who know what you would want if you lose your mental capacity.

A POA can prevent arguments between loved ones. The document states your wishes and who you would like to make decisions for you.

If you’re terminally ill, the person you designate as your agent can provide you comfort, prevent unnecessary pain or suffering, and follow your medical wishes.

You should talk about your care wishes with whoever you designate in the event of incapacity.

Health Care Power of Attorney Rights

When creating your health care power of attorney, you have the power to:

• Consent to or deny medical treatments
• Decide where you will receive medical treatment
• Choose the medical professionals administering your care
• Access your medical records
• Control who visits you while receiving treatment
• Decide whether to donate your organs if you never specified your preference

These decisions may feel far off. However, having a health care power of attorney allows you to play an active role in decision-making when you can’t communicate. If you have health care power of attorney for your elderly parent, you can make compassionate medical decisions for them or follow their wishes if they become incapacitated.

Creating or Revoking Health Care Power of Attorney

A health care power of attorney may be a freestanding document, or you may choose to have an estate planning attorney include it as part of a living will. You can create a health care power of attorney at any point in life.

Generally, a health care power of attorney needs to include:

• The name of the person granting the power of attorney
• The name of the health care agent receiving the power of attorney delegation
• Any specific decisions or general wishes to follow when making decisions

Each state has a separate format, which may require you to list an alternative person or a specific number of witness signatures. It could also require you to have the document notarized.

You can change or revoke this power by changing your existing document or destroying the old one and creating a new document. A local lawyer can help you follow the specific requirements to comply with state law when creating a health care power of attorney.

How Can an Estate Planning Lawyer Help?

If you’ve never had to deal with these types of legal matters, you may not know what estate planning documents you need. Contacting an estate planning lawyer about a health care power of attorney can help you understand what types of documents you need to avoid complex legal issues in case of incapacitation.