Ultimately, it is your choice whether or not to create and execute a Medical Power of Attorney. However, you should keep in mind that there many good reasons why medical and legal professionals generally advocate the creation of these legal documents.
It should also be kept in mind that only you may create your own Medical Power of Attorney, so you cannot pass this task on to anyone else. Moreover, you may only create this form when you are in a capable state, meaning that once you are incapacitated, it is too late to execute one. Therefore, if you are considering creating one, it is best to do so as soon as possible so that you can take comfort in the fact that all of your affairs will be in order if the worst-case scenario ensues.
Getting a Medical Power of Attorney requires the principal to follow a standardized set of steps. The principal should take all the time they need to select an Agent who they believe will communicate their healthcare wishes if one day they are not physically or mentally capable of doing so themselves. In order to ensure the form is legally valid and can therefore be used in the event they become incapacitated, the principal must answer any and all sections that their respective state laws demand must be answered.
Most states impose strict signing requirements for the principal to abide by. So the principal should consult their state POA laws to understand what is required of them in this regard. After the contract has been executed, the principal should give a copy of it to their Agent. The agent will begin their respective duties as soon as the contract comes into effect, which will most likely occur in the event the principal becomes incapacitated.
A person who is serving as a medical power of attorney agent or attorney-in-fact has particular rights that must be respected and responsibilities that must be upheld:. It is common for the Medical Power of Attorney to take effect only when the principal becomes incapacitated. Conversely, the principal may decide to include provisions that allow the principal to start acting on their behalf before their possible incapacitation. For instance, the contract may state that it will come into effect as soon as it is lawfully executed.
If such provisions are included in the contract, the principal will not need to wait until they are declared incapacitated in order to start receiving assistance from the agent. It is often assumed that a spouse will automatically be granted the right to make decisions on behalf of their incapacitated spouse. This is not always the case, however. Medical professionals and healthcare providers are under no obligation to honor the wishes of a spouse. However, if the principal has left a POA in which they named another party to be their agent who is not their spouse, the decision-making powers of the agent will prevail over that of their spouse.
If you foresee the potential scenario where medical decisions concerning your health need to be made but you are unconscious, and your Patient Advocate is unavailable then you may wish to name a backup agent.
Such an entity would be able to assume the principal authority you are giving the Patient Advocate but only when the original agent cannot or will not represent you. This entity is referred to as a Successor Patient Advocate since he or she will inherit the ability to represent you in a successive manner.
While not required, setting such an entity in place is popularly considered a wise precaution. The next area that will require your attention consists of a lettered list. Each list item in this area gives a description of what your Patient Advocate can do in your name. You will need to read through each item then decide upon whether you wish the Patient Advocate to behave in such a manner.
You may remove any of these items by deleting them or if you are working with this paperwork manually, you may strike through a list item and initial the crossed-out item. In fact, if you are preparing this paperwork manually, you must cross out each item. You may enter this information directly on these lines or, if you require additional space and are working with pen and paper, cite an attachment with your principal directives that you expect both Patient Advocate s and treating physicians to respect.
The remainder of this document will serve to supplement your directives with the language required to solidify its purpose. The wording provided should not be altered unless it is by an attorney in the state where this document applies. One sentence in this section will require your input to be completed. Make sure this document matches your intentions with no exceptions.
You may revoke it at any time in the future however unless this happens the Patient Advocate s authorized to represent you will be sought out by medical professionals for direction when you are incapacitated and unable to communicate for yourself. This means your living will is powerless if you become temporarily incapacitated but are expected to recover. Only a medical power of attorney can provide guidance in these situations. Living wills are often confused with other estate planning documents.
Learn the difference between a living will and an advance directive today. To download a free, blank, and printable medical power of attorney form valid in your state, simply click on the state you live in.
Alternatively, you can download a completed medical power of attorney from our builder for free. If you wish, you may also include other advance directives such as a living will. You should select a friend, family member, spouse, or professional who is:. A health care agent can also be referred to as a health care proxy, patient advocate, or surrogate decision-maker. Your alternate agent will assume responsibility in the event that your first choice is unwilling, unable, or unavailable.
No, your agent is not responsible for your medical bills and is only responsible for making choices about your health. Unless you include limitations in your MPOA form, they will have the authority to make choices for you relating to your medical care, medications, treatments, surgeries, physicians, and more.
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