Medical (Health Care) Power of Attorney Forms
A medical power of attorney form enables an individual ("principal") to appoint an agent to make healthcare decisions for them. The agent's authority begins when the principal is incapacitated and unable to make their own decisions, as confirmed in writing by the attending physician.
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How to Get a Medical Power of Attorney
1. Choose Your Agent
Select an agent who will make decisions based on your healthcare needs. It’s advisable to pick someone you trust who knows your basic medical history, such as heart conditions, medications, and allergies.
Successor (2nd) Agent – This person steps in if the primary agent cannot perform their duties. Typically, co-agents are not permitted; decisions should be made by a single individual.
Compensation – The principal can decide to provide compensation for the agent’s lodging, food, and travel expenses.
2. Agent’s Authority
You have the choice to grant your agent full decision-making power regarding your healthcare or restrict them to specific decisions. Clearly outlining what your agent can and cannot do will help medical staff understand your wishes.
Example – Instructing the agent to refuse life support if there is minimal chance of recovery.
The agent’s powers should include:
- Surgical treatments
- Nursing home treatment/care
- Hospitalization
- Medical treatment
- Psychiatric treatment
- Homestay care
- Organ donation
- End-of-life decisions
3. Include a Living Will
Attaching a living will to a medical power of attorney is highly recommended. This document outlines your end-of-life treatment preferences in addition to having someone to represent you.
For instance, if you become incapacitated with no hope of recovery, you can choose to forgo life-sustaining measures. It also allows you to specify organ donation and other post-death preferences.
4. Sign and Finalize
The principal and agent must sign according to their state’s signing requirements. Typically, this involves signing in front of two witnesses or a notary public, sometimes both. Once legally authorized, the document is valid. The principal must be of sound mind when creating this form.
The agent should keep an original copy of the form and may need to present it whenever necessary. It’s advisable to provide a copy to your primary care physician.
The Significance of POA
