Healthcare Powers of Attorney Under the Law
A health care power of attorney is a legal document that lets you choose someone to make medical decisions for you if you cannot make them yourself. This person is called your "agent" or "health care proxy." You are called the "principal." This document is different from a power of attorney for finances, which focuses on money matters. A health care power of attorney ensures your doctors know what you want, even if you are unable to tell them yourself.
Using a Health Care Power of Attorney With Other Documents
Many people create a health care power of attorney along with a living will. A living will outlines specific medical treatments you want or do not want, like life support if you are terminally ill. A health care power of attorney gives your agent broader authority to make decisions about your overall care. You might also want to create a durable power of attorney for finances. This ensures both your medical and financial needs are addressed.
Choosing Your Health Care Agent
Choosing the right person to be your agent is very important. You should choose someone whom you trust, who understands your wishes, and who can talk to your doctors clearly. Your agent should be able to handle disagreements with family or medical professionals. Some states have rules about who can be an agent, so it's important to check your local laws. Always talk to the person you want to be your agent to make sure they understand and are willing to take on this role.
Scope of the Agent's Authority
You can decide how much authority to give your agent. You might allow them to make end-of-life decisions, such as whether to continue life support. Or you might give them the power to manage your pain relief and comfort care. Your agent can also be authorized to make decisions about things like where you receive care, who is on your medical team, and who can access your medical records. You can also include instructions about mental health treatment, experimental treatments, or religious and cultural beliefs that might affect your care. By putting your wishes in writing, you keep control over your medical decisions. You can also change or cancel the document if you are still able to make your own decisions.
Signing and Storing the Document
The rules for signing a health care power of attorney are different in each state. Usually, you must sign the document in front of witnesses, a notary public, or both. If you cannot physically sign, someone else might be able to sign for you, depending on your state's laws. Once the document is signed, make sure your agent, doctors, and medical facilities have copies. Keep the original document in a safe place where people can easily find it.
When the Health Care Power of Attorney Takes Effect
A health care power of attorney becomes active when you are "incapacitated." This means you are unable to understand and make your own medical decisions. A doctor usually determines if you are incapacitated.
Changing or Canceling the Document
You can change or cancel your health care power of attorney at any time, as long as you are still capable of making your own decisions. This is called "revocation." You must follow your state's rules to revoke the document.
Keeping Your Document Up to Date
It's important to review your health care power of attorney regularly. You might need to update it because of major life changes like marriage, divorce, changes in your health, or changes in your beliefs. Even if nothing major changes, it's good to make sure your document still reflects your wishes.