Having a medical power of attorney, alongside a living will, ensures you receive necessary medical treatment when unable to make or communicate decisions. Together, these documents are commonly referred to as advance directive documents.
What Is a Medical Power of Attorney?
A medical power of attorney (typically known as a health care power of attorney or durable power of attorney for health care) is a legally binding document that permits someone you trust (usually called an agent, surrogate or attorney-in-fact) to make medical choices on your behalf. The agent possesses this authority solely when a doctor confirms your incapacity or inability to communicate, as in the case of a coma. A health care power of attorney ensures decisions align with your beliefs if incapacitated. Designating a trusted friend or family ensures your wishes are legally represented.
The Difference From a Living Will
A living will, referred to as an advance directive, health care directive, or advanced medical directive, details specific medical treatment preferences in particular situations. Unlike a health care power of attorney, it doesn’t appoint someone to make decisions. Applicable in a terminal condition or permanent unconscious state, some states allow its use when treatment burdens outweigh expected benefits. In cases of temporary incapacity with anticipated recovery, a living will is ineffective for authorizing treatment decisions. For such scenarios, a medical power of attorney proves useful. These documents can be combined or kept separate.
Health Care Power of Attorney
The health care power of attorney is a legal document in which you designate someone to be your representative, or agent, in the event you are unable to communicate or make decisions about the aspects of your health care. In the simplest form, a health care power of attorney merely states, “I trust this person to make decisions about my health care if I am unable to make them myself.
A healthcare agent is a person that you are trusting to make medical decisions on your behalf if you can’t make them for yourself. Deciding on who is going to be your agent is an important decision, and you should think carefully about who you want to take on this responsibility. This person might one day be deciding if life support measures will be in your best interests or deciding just how your personal and religious values may impact other types of treatments. The legal document that designates a healthcare agent is sometimes called a “healthcare power of attorney.
Navigating Healthcare Decision-Making: The Vital Role of a Health Care Power of Attorney
A health care power of attorney goes beyond a living will, applicable only in terminal or unconscious states. A living will is ineffective if temporarily unconscious or facing a final condition. You need a health care power of attorney for such cases.
People often opt for a separate living will or integrate its requirements into the health care power of attorney. The health care power of attorney can be extensive or restrictive. Without a living will, the appointed person decides your wishes in a situation. Providing a living will or its requirements in the power of attorney guides your agent substantially.
Sources:
- “Healthcare Power of Attorney.” Legalzoom.com, 28 Oct. 2016, www.legalzoom.com/knowledge/living-will/topic/health-care-power-of-attorney.
- “Resources Categories COAACH.” COAACH, www.coaachhealth.org/publications-category/resources/.
- “Sample Healthcare Power of Attorney.” COAACH, www.coaachhealth.org/publications/sample-healthcare-power-of-attorney/.
