What is a Medical Power of Attorney?
A medical power of attorney is a legal document that provides another individual of your choosing with the legal right to make medically related decisions on your behalf. This document provides the designee or agent with the ability to make health decisions for you, if you are ever in a position where you are unable to make those decisions for yourself. For example, if you are in a coma, you are unable to transmit to your doctors feelings you may have regarding your treatment. With a medical power of attorney in place, your designee or agent has the legal right to make those decisions on your behalf, up to and including the decision whether or not to resuscitate you should you cease to breathe on your own, except in circumstances where you have signed a DNR—Do Not Resuscitate order, which is another, separate legal document that allows you to decide before anything happens whether or not you wish to be kept on life support, etc.
It is extremely important to select the right person for this very important responsibility. It is wise to choose a responsible individual that you trust. Discuss your feelings about your health and your life and make sure your potential designee or agent understands and agrees with your feelings and wishes before preparing and executing a medical power of attorney.
Who Needs a Medical Power of Attorney?
Though nobody really wants to think about it, just about anyone would benefit from having a medical power of attorney, as it is impossible to know with any certainty when such a document would come into play. You could need it tomorrow, or in ten years, or never—it is simply an unknown variable. So it is prudent to make one when you can.
How does one Prepare a Medical Power of Attorney?
Fortunately, forms are readily available in many office supply stores, on the Internet, and from licensed attorneys. You can do it yourself, or have an attorney prepare it for you—it’s up to you. The document is filled out, and you and your designee or agent, along with two witnesses (who should be individuals not in any way involved with your estate) sign the document before a Notary Public. And that is all it takes. From the date of execution of the document, it is in force.
How Does one Stop Being a Medical Power of Attorney?
A medical power of attorney can be revoked, or the designee or agent can cancel it in writing with 30 days’ notice. If you wish to make a different person your designee or agent on your medical power of attorney, simply repeat the process outlined above.
Having an executed medical power of attorney is a big help to your family and friends in the event that you become incapacitated. It allows someone you trust to carry out your wishes, and ensure that you receive the care you would demand, were you able to do so. Like a will, and other important documents, it can provide peace of mind, knowing you have taken care of providing an alternate decision maker concerning your health and well-being in the event you become too injured to make those decisions for yourself.
