Legal and planning
Medical power of attorney
A medical power of attorney is a legal document that names someone to make health care decisions for you if you cannot. It is often called a durable power of attorney for health care. The person you name is your agent. It can start at once or only after you lose capacity.
Why it matters for your family
Families often mix this up with a financial power of attorney. They are separate. The ACL notes that an adult can say in a healthcare power of attorney when the agent may act and what types of decisions the agent may make, such as end-of-life choices or comfort care. Pick an agent who will follow your wishes under stress. Talk through scenarios before signing. A frequent mistake is signing a form and then never sharing it. The doctor, hospital and family should hold copies. Rules and form names vary by state. An elder law attorney can explain local rules. This is general information, not legal advice.
Source: acl.gov
Read more: What is Elder Law and Do You Need an Elder Care Attorney?
Related terms
- Healthcare proxyA healthcare proxy is a person you name to make medical decisions for you if you cannot speak for yourself.
- Power of attorneyA power of attorney (POA) is a legal document in which one person, the principal, names another person, the agent, to act for them.
- Durable power of attorneyA durable power of attorney is a power of attorney that stays in effect if the person who signed it becomes incapacitated.
- Advance directiveAn advance directive is a legal document that states your health care wishes in case you cannot decide for yourself.
- Living willA living will is a legal document that tells doctors how you want to be treated if you cannot make your own decisions about emergency treatment.
- Healthcare surrogateA healthcare surrogate is a person who makes medical decisions for someone who cannot decide for themselves.
