What Is a Medical Power of Attorney or a Durable Power of Attorney for Healthcare?

These terms can be used interchangeably to mean a person who is appointed by you (or a court) who specifically oversees your medical concerns when you are unable to do so yourself.

Why would it be important to designate a Medical Power of Attorney?

You might designate a financial power of attorney and wrongly assume they can also handle your medical needs when they arise. The fact is, only a medical power of attorney or durable power of attorney for healthcare is officially appointed to speak to your medical needs when you are incapacitated. You should designate a person who knows your desires regarding medical care and end of life care, and someone willing to follow your wishes.

Even if you have a living will, it will only take effect if you are in a persistent vegetative state and not expected to recover. As you can imagine, there are many situations where you might be incapacitated and need a MPOA to speak on your behalf. Some examples of these situations include: surgery, stroke, dementia, etc.

How do I decide who should be my MPOA? Make sure the designee:

1. Knows your medical history
2. Knows how you wish to be cared for in the event you are unable to make decisions for yourself.
3. Will adhere to your wishes despite religious or moral differences.
4. Will be available if the need arises to give full attention to your medical decisions.

As a plus, has the designee worked in senior healthcare or with the elderly? If so, he or she has likely garnered extensive knowledge about senior medical needs and welfare, working with medical disciplines across the spectrum of care, and care coordination.

KEY TAKEAWAYS:

• A living will only takes effect when you are deemed to be in a persistent vegetative state and not expected to improve.
• Assuming “everyone knows” what you want puts your future health at risk should you become incapacitated. Each person might remember your wishes differently, or not remember them at all.
• A designated medical power of attorney (NOT financial or other) will be the one person to oversee your medical needs if you are rendered incapable.
• Make sure your MPOA knows your wishes regarding medical care and end if life care, and is willing to follow your instructions.
• Having a MPOA will help medical providers know who they can legally talk to and rely on regarding coordinating your care.

I am ready to designate my medical power of attorney. Now what?

There are a few options for getting your MPOA assigned on the proper documents. First, you can look for free on-line forms (making sure they are the forms for your specific state). Second, you can speak to your attorney, or find an attorney to draw up the documents for you.