Learning About Medical Power of Attorney

What is a medical power of attorney?

A medical power of attorney, also called a durable power of attorney for health care, is one type of the legal forms called advance directives. It lets you name the person you want to make treatment decisions for you if you can't speak or decide for yourself. The person you choose is called your health care agent. This person is also called a health care proxy or health care surrogate.

A medical power of attorney may be called something else in your state.

How do you choose a health care agent?

Choose your health care agent carefully. This person may or may not be a family member.

Talk to the person before you make your final decision. Make sure this person is comfortable with this responsibility.

It's a good idea to choose someone who:

• Is at least 18 years old.
• Knows you well and understands what makes life meaningful for you.
• Understands your religious and moral values.
• Will do what you want, not what that person wants.
• Will be able to make difficult choices at a stressful time.
• Will be able to refuse or stop treatment, if that is what you would want, even if you could die.
• Will be firm and confident with health professionals if needed.
• Will ask questions to get needed information.
• Lives near you or agrees to travel to you if needed.

Your family may help you make medical decisions while you can still be part of that process. But it's important to choose one person to be your health care agent in case you aren't able to make decisions for yourself.

If you don't fill out the legal form and name a health care agent, the decisions your family can make may be limited.

A health care agent may be called something else in your state.

Who will make decisions for you if you don't have a health care agent?

If you don't have a health care agent or a living will, you may not get the care you want. Decisions may be made by family members who disagree about your medical care. Or decisions may be made by a medical professional who doesn't know you well. In some cases, a judge makes the decisions.

When you name a health care agent, it is very clear who has the power to make health decisions for you.

How do you name a health care agent?

You name your health care agent on a legal form. This form is usually called a medical power of attorney. Ask your hospital, state bar association, or office on aging where to find these forms.

You must sign the form to make it legal. Some states require you to get the form notarized. This means that a person called a notary public watches you sign the form and then the notary signs the form. Some states also require that two or more witnesses sign the form.

Be sure to tell your family members and doctors who your health care agent is.