Medical Power of Attorney

Answer 1

A disabling illness or injury can happen at any time, often without warning. Heart attacks, strokes, and accidents causing disabling injuries are an unfortunate commonality in modern society.

When a person becomes disabled and unable to speak for themselves, a medical power of attorney is often needed. Though it goes by different names in different states, the medical power of attorney is essentially written permission to allow another to make medical decisions for you. This permits the medical provider to perform medical procedures on your behalf. Without a power of attorney, the medical provider may be limited in the treatment they may provide, even in an emergency.

In the document, the individual designates a power or attorney, sometimes called a proxy, to make medical decisions on their behalf. In most states, an individual can designate more than one person, or at least an alternative person, should the main attorney in fact be unavailable.

The power of attorney document will normally become effective at the time the individual becomes disabled and unable to speak for themselves, if the document so states. The document will normally have a date for the power to become effective. The document will also revoke any prior medical powers of attorney previously granted.

It may have limitations to what the attorney in fact may decide is in the best interest of the individual. The individual, when creating the document, will have the ability to limit what an attorney in fact may or may not authorize for medical treatment. For instance, if the individual does not wish to be kept alive by artificial means, and so states in the document, or another identified document, the attorney in fact cannot authorize the use of artificial means.

In many states, the medical power of attorney is not effective until the medical provider actually sees the document, or at least a copy. Medical providers are usually not required to take someone's word that such a document exists. They must see the document. This is why many people will provide a copy, or the original, to their primary care physician or local hospital. At the very least, the person designated in the document should be aware of it and where it is located.

A medical power of attorney is not a general power of attorney. The person designated as attorney in fact will have no authority to access bank accounts, perform real estate transactions or handle other financial matters. The general power of attorney is a separate document, and the individual can designate separate people.