
When it comes to estate planning, there are many documents that cover different areas of your life, like healthcare, finances, and funeral wishes. One such document that plays a vital role in supporting your healthcare wishes is the healthcare power of attorney, also known as a medical power of attorney or a durable power of attorney for healthcare.
But what exactly is a medical power of attorney, and why do you need one? Let’s learn more about this important document!
What does a healthcare power of attorney do?
A power of attorney authorizes someone else, often called an agent, to make decisions on your behalf. There are different types of power of attorney. A general power of attorney nominates one agent who can act on your behalf in all financial, legal, and medical areas. However, if you wish to nominate someone different for each area, you’ll need to explore limited powers of attorney.
That’s where a healthcare power of attorney comes in! A healthcare power of attorney serves as one piece of your advance care directive, a set of documents that lays out the medical care you wish to receive. You can use this type of power of attorney to nominate someone you trust as a healthcare proxy. A healthcare proxy or agent will make medical decisions for you if you cannot communicate.
Remember that the medical power of attorney only names the person you wish to be your proxy and doesn’t outline your wishes. You’ll need to create a living will to document your wishes. Once you’ve documented your wishes, you can share them with your healthcare proxy so they know what decisions to make.
Who can I nominate as my healthcare proxy?
While every state has its own regulations regarding healthcare proxies, in most cases, your proxy must be over 18. Most people nominate their spouse or a family member, but you can nominate anyone you trust, like a close friend or your lawyer. It’s highly recommended not to select your healthcare provider as your proxy.
As you consider who to select as your healthcare proxy, look for someone you feel comfortable communicating your wishes to. Your proxy should be someone you trust to follow your wishes, even if they don’t agree with them. Consider choosing someone who lives nearby or would be willing to travel to you if a situation arises.
Before adding your potential proxy to your power of attorney, talk to them about your wishes and ask them if they feel comfortable serving in this role. Keep in mind that a healthcare proxy is not the same as a guardian. If you don’t have a power of attorney in place when you are incapacitated, a court may appoint a guardian to act on your behalf. A healthcare proxy is only responsible for medical decisions, while a guardian can also make financial and legal decisions.
When does the healthcare power of attorney take effect?
Your healthcare proxy will only step in if you are incapacitated or unable to communicate. If you go into a coma or vegetative state, have an issue arise while under anesthesia, or are unable to speak, move, or write after a stroke or an accident, your healthcare proxy will make decisions on your behalf. Your proxy may make medical decisions if you are in the late stages of Alzheimer’s or another form of dementia.
As long as you are conscious, of sound mind, and able to communicate, you will have decision-making power, and your healthcare power of attorney will not be used.
What decisions can my healthcare proxy make?
If your healthcare power of attorney comes into effect, your proxy will have the authority to make medical decisions. This includes decisions about the care you receive, like surgeries, treatments, medication, pain relief, CPR, and more.
Additionally, your proxy can determine which healthcare providers and physicians you use. Your proxy also has authority over what facilities you visit for treatment, including nursing homes or assisted living facilities. They may make decisions about comfort care, hospice, mental health treatment, and organ donation as well.
In many cases, your healthcare proxy will need to coordinate with the agent you have listed on your financial power of attorney to ensure that medical costs can be covered. While your healthcare proxy should follow your living will, they aren’t legally required to. They may also need to make decisions about medical issues that aren’t mentioned in your living will.
How do I create a healthcare power of attorney?
While many online resources can help you create your healthcare power of attorney, the best course of action is to consult an estate planning lawyer. Each state has different regulations, and a lawyer can ensure your power of attorney is valid.
When creating your power of attorney, you must be of sound mind. Some states require you to have witnesses when you sign the form, while others require the document to be notarized. Depending on your state’s regulations, you may also need to have your proxy sign the forms.
Once your healthcare power of attorney is created, give a copy to your proxy and your medical provider. Keep the original document in a secure location, along with your other estate planning documents.
Can I revise my healthcare power of attorney?
Yes, you can! In fact, as your circumstances change, it’s important to keep your healthcare power of attorney up to date. Whether you move to a new state or want to change your proxy, you can change your power of attorney. Just like when you write your power of attorney, you must be of sound mind to change the document.
If you do make changes to your healthcare power of attorney, make sure to revoke or cancel your previous version. Depending on your state’s regulations and your specific situation, you may need to sign a revocation letter or include a clause in your new power of attorney revoking prior powers of attorney. Don’t forget to inform all pertinent parties (like your healthcare provider and proxy) of the change. It’s also a good idea to destroy any previous copies to prevent confusion.
As you make decisions about your medical wishes and healthcare proxy, don’t be afraid to ask for help from people you trust. And if there’s anything you’re unsure about, don’t hesitate to contact a local estate planning attorney. They can ensure that your wishes are documented in a valid way.
DISCLAIMER: Individual circumstances and state laws vary, so any estate planning should only be undertaken with the help and assistance of an attorney licensed in your state.