Understanding a Medical Power of Attorney

What is a Medical Power of Attorney?

A medical power of attorney is a legal document that is also commonly referred to as a healthcare power of attorney, or health care proxy.  A medical power of attorney is designed to appoint another person as your representative or proxy for the purposes of making medical and healthcare decisions for you.  By designating a person whom you trust as your proxy, and fully disclosing your wishes regarding medical treatment should you become incapacitated, a medical power of attorney will allow you to exercise at least some degree of control over your future medical treatment.

Living Will Similarities and Differences

Although categorized as an advance directive, similar to a living will, a medical power of attorney differs from a living will in that it covers more situations than those in which you are terminally ill or in a permanent coma.  While a living will addresses healthcare decisions to be made in very specific, narrow circumstances, such as whether you wish to be resuscitated, or wish to be kept alive via artificial nutrition, a medical power of attorney is a much more comprehensive document that addresses all types of medical decisions that must be made.

• A living will sets forth your wishes as to certain healthcare decisions, it does not designate a person to make those decisions for you. 
• By contrast, a medical power of attorney allows you to pick a specific person whom you trust to make healthcare decisions for you, in the event that you are unable to do so.

In this manner, you can effectuate your wishes in terms of medical treatment, even if you unable to consciously express those wishes when the situation arises.

Granting Medical Consent

Your medical power of attorney can be as simple or as detailed as you wish.  Obviously, you must designate a person as your proxy for the purposes of medical decisions.  However, you may also want to name an alternate proxy, or even more than one alternate proxy, in the event that your original proxy is not available at the time your medical power of attorney becomes operative.

Next, you will have to decide whether to simply direct your proxy to make all medical decisions on your behalf, without further instruction, or whether to make specific medical decisions in a certain manner.  For instance, if you have strong feelings about issues such as organ donation, artificial nutrition and/or hydration, and other types of life-sustaining treatments, you should probably include some direction for your proxy in these circumstances in your medical power of attorney.

Drafting a Medical Power of Attorney Document

Medical power of attorney documents vary widely, and may also differ according to your state’s law.  For advice and assistance in drafting a medical power of attorney that best meets your needs, you should consult an experienced estate planning attorney in order to ensure that your wishes regarding medical treatment are carried out by a person whom you designate.