What is a Medical Power Of Attorney?

A medical power of attorney is a document that allows the patient or the principal to assign a person to make healthcare decisions on the patient’s or principal’s behalf. The patient or the principal gives authority to a person in accordance with the patient’s or principal’s beliefs, wishes, and treatment preferences using the medical power of attorney.

The medical power of attorney can also be known as a health care proxy, appointment of health care agent, or a durable power of attorney for health care, according to the Centers for Medicare and Medicaid Services (CMS). The CMS, under the Department of Health and Human Services (HHS), provides health care coverage to over 100 million American people through Medicare, Medicaid, the Children’s Health Insurance Program, and the Health Insurance Marketplace.

 

How To Get A Medical Power Of Attorney

There are several steps in order to get a medical power of attorney. The first step is to select your agent. Your agent will be responsible for making healthcare decisions on your behalf if your health care provider declares that you don’t have the capacity to make a healthcare decision for yourself. It is essential that your healthcare agent or health care proxy is someone you trust and who knows your basic medical history. Basic medical history includes heart conditions, medications, allergies, and more. You can also select a successor or a healthcare second agent in case your primary agent is unable to fulfill the duties. The duties and responsibilities of your healthcare agent or health care proxy may be compensated in terms of your healthcare proxy’s lodging, food, and travel costs.

The next step is to decide which medical decisions your health care proxy or healthcare agent can make for you. You must grant or limit the powers of your health care proxy or healthcare agent based on the following healthcare decisions: surgical treatments, nursing home treatment or care, hospitalization, medical treatment, psychiatric treatment, homestay care, organ donation, and end-of-life decisions.

The next step in getting medical power of attorney is to attach a living will. A living will is a legal document that specifies the life-sustaining treatments like mechanical ventilation, renal dialysis, chemotherapy, antibiotics, and artificial nutrition and hydration, such as a feeding tube, that you prefer over those that you would not want in order to extend your life. This document also contains an outline of your end-of-life care selections, post-death options, and selection of organ donation.

The last step is to affix your signature and complete your medical power of attorney. The medical power of attorney may be signed in the presence of two adult witnesses or may be notarized. Once legally authorized, your medical power of attorney is valid for use. The original copy of your medical power of attorney must be secured and accessible in case you need to present it. Your medical power of attorney may be given to your primary care physician.

 

Choosing A Medical Power Of Attorney

There are several factors to consider in choosing a medical power of attorney in order to pick the best possible person to handle your medical affairs. The first factor is location. You may consider someone who lives nearby your house or your preferred hospital, nursing home, health care provider or health care facility. This is crucial in cases of emergency when your health care proxy or power of attorney must be present as soon as possible.

The next factor to consider is the person’s trustworthiness. The person’s character and values are important in choosing a medical power of attorney. A medical power of attorney must be trusted with a big responsibility in fulfilling your wishes and speaking on your behalf. Your choice will have a big impact on your life because your medical power of attorney will be making crucial health care decisions for you.

The next factor to consider in choosing a medical power of attorney is the person’s assertiveness. A medical power of attorney must be able to stand up to other people and hold its ground under pressure. You may want to choose someone who will not back down when it comes to supporting your wishes regardless of the outside pressure from your own family and friends. Your medical power of attorney must also be able to communicate with conviction and assert your wishes without doubts.

The next factor to consider is having an understanding of medical processes. A medical power of attorney must have a basic knowledge of how the medical process works because it may involve asking questions or clarifying information to your primary care physician on some medical procedures, medical tests, and medical prognosis. Your medical power of attorney must be willing to research your condition in order to be prepared to challenge suggestions from your primary care physician if they are against your wishes.

The next factor to consider in choosing a medical power of attorney is the person’s communication skills. A medical power of attorney must be able to communicate clearly and effectively, even under pressure. Your medical power of attorney should not let emotions cloud judgments in fulfilling your wishes. You may choose someone who is decisive and a strong communicator.

Another factor to consider is the person’s willingness to serve. A medical power of attorney must be up to the challenge of this demanding responsibility. You must be able to talk with the person you are considering in order to know if that person is willing and committed to being of service and making medical decisions on your behalf.

 

How To Create Your Medical Power Of Attorney

There are several steps to create your medical power of attorney. The first step is to decide the person whom you want to be your health care agent or health care proxy. Your health care agent or proxy must be someone you trust and have the best interests at heart.

The second step is to decide which health care decisions you want your healthcare proxy or health care agent to be able to make. The health care decisions can be in choosing or refusing treatments to extend your life, stopping treatments that do not improve your condition, and getting access to and releasing your medical records.

The next step is to procure a medical power of attorney form. The medical power of attorney form can be acquired at your local hospital, nursing home, your doctor or your health care provider. You can also download the medical power of attorney form online.

The next step is to complete the medical power of attorney form with your signature and in the presence of adult witnesses according to the laws of your state. Most states in the United States require the medical power of attorney form to be notarized.

The next step in creating a medical power of attorney is to give a copy of your medical power of attorney form to your healthcare agent or healthcare proxy as well as other interested parties, such as your medical office. Your healthcare agent or healthcare proxy may need the copy of your medical power of attorney form as proof that your healthcare proxy is authorized to make health care decisions on your behalf.

The next step is to make sure that your medical power of attorney form is in a secured place, such as in a safe deposit box, in a fireproof safe in your home, or in your trusted attorney’s office. Your medical power of attorney form must be kept together with your estate-planning documents. Your estate-planning documents may include your last will and testament, revocable living trust, beneficiary designations,  health care advance directive, financial power of attorney, insurance policies, proof of identity documents, titles and property deeds, digital logins and passwords, and funeral instructions.

The last step in creating a medical power of attorney is to update your medical power of attorney in case your circumstances change, such as a change of your civil status or termination of the power or authority of your health care agent or healthcare proxy, using a revocation of power of attorney.

 

How To Revoke A Medical Power Of Attorney

There are different ways to revoke or cancel a medical power of attorney. The first way is to fill out a revocation of power of attorney form. The revocation of the power of attorney form can be accessed and downloaded online. After completing the revocation of power attorney form, you have it signed, witnessed, and notarized. Lastly, you must make photocopies of the revocation of power of attorney and send them to your original healthcare proxy or healthcare agent, or other third-party institutions who may have your previous medical power of attorney like your health care facility or health care provider.

The next way to revoke or cancel a medical power of attorney is to destroy the medical power of attorney form. This way is only appropriate if you haven’t given anyone a copy of your medical power of attorney form and you have never informed your healthcare proxy or healthcare agent about it.

Another way is to sign a new power of attorney form. A new power of attorney lets you name a new healthcare agent or change your current healthcare agent’s responsibilities. This also requires you to have your new power of attorney form signed, notarized and witnessed according to the requirements and laws of your state. Your health care facility or health care provider and your original healthcare proxy or health care agent must be informed by sending them copies of the new power of attorney form.

 

Why Do You Need A Medical Power Of Attorney?

There are several reasons why you need a medical power of attorney. The first is to have peace of mind. Having peace of mind that someone will take responsibility for making health care decisions on your behalf when you become medically incapable is worthy of getting a medical power of attorney early before you need it. A medical power of attorney is cheaper and more time-consuming than a court proceeding.

The next reason is before undergoing a major medical procedure. A major medical procedure may require someone to have the authority to make medical decisions on your behalf since you are under anesthesia. Getting a medical power of attorney can give you a sigh of relief while preparing for surgery. After surgery, you can revoke the medical power of attorney.

Another reason for needing medical power of attorney is if you have a degenerative disease. Degenerative diseases like Alzheimer’s disease, cancer, Amyotrophic Lateral Sclerosis (ALS), Huntington’s disease may impede your ability to understand and give consent to medical treatment as the disease advances. Before the disease reaches a terminal condition, you may create a medical power of attorney while still able to.

For more information on Medical Power of Attorney contact the team at Specialized Home Care today.