Medical Power of Attorney
Senior Adviser Staff | Dec 2, 2021, 7:56 EST
Accidents are rarely planned. Neither are illnesses. At their worst, they could leave you incapacitated. Although this possibility isn't pleasant to think about, you need to plan for the worst if healthcare decisions must be made for you. A medical power of attorney designates a person to make your healthcare decisions if you can't. Here's what you need to know about Medical Power of Attorney.
A medical power of attorney can be called by a different name:
- Healthcare Proxy
- Healthcare Surrogate
- Patient Advocate
- Durable Power of Attorney
- Advanced Healthcare Directive
They all refer to a person who is designated as the agent or attorney-in-factnd the person that they are making the decisions for is called the principal.
Selecting A Good, Trustworthy Agent
As with all Power of Attorneys, trust is the most important quality when choosing your agent. Since your agent will be communicating with your medical providers as well as sharing information with the family, they should be able to communicate respectfully. Your agent should be familiar with your medical history, medications, and any allergies.
Have a discussion with your Power of Attorney about your wishes, values, and religious beliefs. Give them your perception of different hypothetical situations.
A Living Will vs. A Medical Power of Attorney
A living will is a type of advanced healthcare directive that documents what life-sustaining treatment you would or would not want to be used to keep you living, as well as your preferences for other medical decisions, such as pain management, medications, artificial breathing, tube feeding, and Dialysis. Your medical provider will be able to address different types of end-of-life care treatments to include in your living will.
Unfortunately, a Living Will cannot cover every possible scenario, but it can act as a guideline for a Medical Power of Attorney. In some states, a living will and medical power of attorney are combined into one Advanced Healthcare Directive.
When Should You Have A Medical Power of Attorney?
You can designate a Power of Attorney for yourself at any age. If you have any of the following conditions, it’s time to discuss them with your family and medical providers.
- You are at an advanced age
- Your overall health is declining
- You have a serious illness or health condition
- Your health may be at risk due to an upcoming surgery or procedure
- You are suffering from Alzheimer’s, dementia, or a mental condition
- You work in a hazardous environment
- You have identified the person you trust with your medical care
Your medical power of attorney will communicate with doctors and work with healthcare providers to ensure that you are receiving the best possible care. They will also be required to follow what is stated in your Living Will.
What Will My Medical Power of Attorney Do?
Your medical POA will have many responsibilities. They will be responsible for:
- Knowing your medical history, medications, and allergies
- Understanding your personal beliefs and medical wishes
- Following directives stated in your Living Will
- Making medical decisions that are in your best interest
- Managing medical personnel that provide your care
- Having access to medical records
Can You Revoke A Medical Power of Attorney?
You can revoke or change your Medical Power of Attorney at any time as long as you are still considered competent. Provide a copy to your medical providers so that they are aware of the change.
What Happens If I Do Not Have A Medical POA?
Fortunately, a spouse or close family member is usually permitted to discuss your care and condition with the medical provider. Other times, the family may need to go to court to designate someone as the medical power of attorney. Be proactive and have a plan in place so that your family can avoid time, stress, and money spent in court.
Do I Need A Professional to Help Me?
Just like a durable power of attorney, it is easy to create a medical power of attorney using an online resource. Fill out the form, print it, and take it to a notary to be signed in front of witnesses. Sounds simple, but each state has different forms and requirements.
It is always a good idea to consult with a local professional or estate planning attorney that will be able to ensure the form is filled out correctly, covers everything you need, and is legally binding in your state.
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