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A power of attorney (POA) is a legal designation that allows an individual, known as the principal, to appoint an agent or “attorney-in-fact” to act on their behalf. These powers can be general or limited to certain aspects of the principal's business or personal matters. In the case of a medical power of attorney, an agent can make healthcare decisions on behalf of the principal.
A medical power of attorney (MPOA), similar to a healthcare proxy or surrogate, can help family members honor the medical preferences of their loved ones if they become incapable of communicating these preferences on their own. Learn more about how a medical power of attorney works and other aspects of this important concept.
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How a medical power of attorney works
A medical power of attorney allows individuals to choose another person as their healthcare agent to make medical decisions on their behalf if they are incapable of doing so. The most common reasons someone couldn’t make these decisions on their own could be due to illness, accidents or other incapacities.
Suppose you’re worried about your designated agent overstepping their bounds in this role. In this case, you should know that this document becomes effective only when you become incapacitated and can’t communicate your healthcare preferences to your medical providers.
In your MPOA, you can be very detailed about the extent of medical and personal care decisions your agent is authorized to make on your behalf. Common decisions your agent would make might include things like medical treatments, choice of healthcare providers, living arrangements and care facilities and life-sustaining treatments.
Financial vs. medical power of attorney
Just as you can have an agent to handle your medical decisions, you can also designate someone to make financial decisions on your behalf. These decisions may include handling matters pertaining to banking, real estate or a business entity. Your financial power of attorney can also serve as your medical power of attorney or vice versa. However, just because you’ve chosen someone to be your POA in one area of your personal matters doesn’t mean they are automatically authorized to do so in another. You can delegate decision-making abilities to separate people regarding your finances and healthcare.
Medical power of attorney vs. living will
The main difference between an MPOA and a living will lies in their function and focus. As mentioned, an MPOA designates an agent to make healthcare decisions based on the principal's wishes.
A living will, also known as an advance directive or healthcare directive, outlines your preferences for end-of-life care. It may include instructions on using life-prolonging treatments, resuscitation, artificial nutrition and hydration. You can combine these documents by adding a section to the MPOA that outlines your advance directive preferences.
Who should I choose as my healthcare agent?
You should choose someone who is:
- At least 18 years old.
- Familiar with your desires and knows you well.
- Trustworthy enough to do what is best for you and carry out your wishes, even if you don’t agree with them.
- Comfortable talking with and questioning your healthcare providers.
- Emotionally stable enough to make decisions under duress, for example, if you are very ill or close to death.
- Willing and able to accept this role.
Also, most healthcare power of attorney documents allow you to choose one or more backup agents in the case that your primary one is unwilling or unable to step into this role.
When should you get a medical power of attorney?
Ideally, you should have a medical power of attorney in place before a healthcare emergency makes it impossible to do so. Though most people venture down this path at the onset of chronic illness or advanced age, it’s wise to designate a healthcare agent sooner rather than later.
What happens if I don’t have a medical power of attorney?
If you don’t have a healthcare POA in place, most state laws have provisions for medical providers to work with a “surrogate” if you cannot make decisions about your healthcare. Healthcare providers will look for a patient's decision surrogate in a certain order of priority, usually starting with a patient’s spouse, adult children, parents, adult siblings, etc.
How to create your medical power of attorney
Ideally, you’ll consult with an experienced legal professional, such as an attorney familiar with estate planning issues. Lawyers are familiar with laws and regulations that govern POA for your state. Furthermore, their expert opinions and experience can help you create a legal document that considers your personal circumstances while clearly defining the scope of your agent’s powers when the medical power of attorney is activated. Finally, having an MPOA created and maintained by an attorney can lend credence to the document’s authenticity if doubts arise among family members or medical providers.
An alternative to having a lawyer create your POA is to complete a generic template. You should look for a template specific to your state that contains language so you can appoint a healthcare agent, along with any backup agents, their responsibilities and your preferences for end-of-life care.
Healthcare providers in some states may provide this form to you, but it may only cover healthcare services performed at their facilities. You may also find MPOA forms on your state’s department of health website.
Frequently asked questions (FAQs)
What is another name for a medical power of attorney?
A medical power of attorney may also be called:
- Power of attorney for healthcare.
- Advance directive.
- Advance healthcare directive.
- Medical power of attorney directive.
What decisions cannot be made by a legal power of attorney?
There are many limitations to what a legal power of attorney can’t do as an agent acting on behalf of a principal. A few include transferring another party, acting on behalf of a principal after their death or making decisions against the principal’s best interest.
Can family members make medical decisions?
Yes. When there is no healthcare power of attorney in place, most states work with close family members of patients who cannot consent to or reject medical treatment on their own. Check your state’s laws regarding decision surrogacy to see the order of priority a healthcare provider will follow in choosing a family to make decisions on a patient’s behalf.
This story was written by NJ Personal Finance, a partner of NJ.com. The information presented here is created independently from the NJ.com editorial staff, and purchases made through links in this article may result in NJ.com earning a commission.
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