Without a lawyer reviewing your medical power of attorney, you risk:
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You get to work with lawyers who specialize in medical power of attorneys. You need lawyers who understand your medical views, religious views, financial capabilities, and preferred treatments.
Our lawyers understand how to structure your medical power of attorney so that your agent carries out your medical treatments the exact same way you would. Your medical power of attorney will include every scenario so there are no surprise scenarios for your medical power of attorney to deal with.
A medical POA is a legal document giving someone the authority to make medical decisions for you.
This person is only allowed to make decisions for you when you no longer have the capacity to do so.
A medical POA goes into effect when you become incapacitated.
These medical decisions include, but are not limited to:
The person that you give medical POA to is called your healthcare agent or proxy.
A POA in medical terms refers to a medical power of attorney.
It gives a healthcare agent the ability to make medical decisions on your behalf.
A medical POA is the same as a healthcare power of attorney.
A healthcare power of attorney is a legal document giving someone the authority to make medical decisions for you.
But only in the event that you become incapacitated.
Anyone can serve as your healthcare power of attorney.
This person could be anyone that’s not your:
For this, a medical POA is the same as a healthcare power of attorney.
An advanced directive means you give someone authority to make medical decisions for someone.
Advance directives go into effect when someone can no longer make decisions for themselves.
Usually, this is due to severe illness or incapacitation.
Advance healthcare directives are also known as:
You have the right to decide what type of medical treatments you do or do not want.
But who makes medical decisions if you are incapacitated?
Let’s say that you have a medical durable power of attorney.
And that you have specific wishes about your healthcare.
Your medical POA ensures those wishes are honored.
Your medical power of attorney makes decisions if you are incapacitated.
Even if you are physically or mentally unable to tell your doctors what you want.
What if you don’t have specific wishes about your healthcare?
In this case, your medical POA ensures that someone you trust is making decisions for you.
Let’s talk about how to get a medical power of attorney.
(You can fill out the form on this page and we will set up your medical POA.)
Your healthcare agent is going to have a lot of authority.
They will be making very important decisions for you.
And potentially very difficult decisions about your medical treatment.
You’ll need to discuss your desires, values, religion, fears, and preferences with them.
Make sure you choose someone you can trust.
And who has your best interests at heart.
Your healthcare agent can make a lot of decisions for you, including deciding on:
Your medical POA is responsible for making these types of decisions for you.
But you are responsible for paying for it.
Your medical POA should be taking into account your financial capabilities with these decisions.
Sit down with them and figure out, together, how they should handle each potential situation.
Your estate planning attorney will be able to provide you with the right medical POA form.
One that’s tailored to your needs.
And not one that’s just randomly downloaded from the internet.
Your medical POA is one of the most important documents that you’ll have.
It can determine what happens to you in a life and death scenario.
Fill out the form on this page to get your medical power of attorney form.
To make a valid medical POA form, you need to:
At The Hive Law, we handle all of this for you.
You need to keep the original copy of your medical POA.
Or keep it in a safe place, such as a safety deposit box or with your estate planning lawyer.
(Understand the risks of storing it in a safety deposit box.)
But your healthcare agent needs to have a copy of your medical POA.
They will have to provide this form as proof that they have decision-making authority.
Otherwise, doctors will not allow them to make any decisions on your behalf.
You can store your documents in a personal safe, a locked filing cabinet, or another safe location.
Sometimes, these safe locations require passwords to access.
Make sure that other people have these passwords or combinations.
And that they can gain access to these documents.
If they cannot access them, they cannot use them.
And they will have to go to court to gain any authority.
Your estate planning attorney is able to store your estate planning papers in their office.
Make sure that you tell your family your lawyer has these documents.
Your circumstances and preferences will evolve with time.
It’s important that you keep your medical POA updated as you progress through life.
Let’s talk about the rights and limitations of your healthcare agent.
The rights of a medical POA are that they can:
If you are able to make your own medical decisions, the agent cannot make decisions for you.
People who CANNOT be your medical power of attorney include:
Also, your medical power of attorney cannot:
Let’s say that you do not have a medical durable power of attorney and you are incapacitated.
The following people, in this order, are able to make medical decisions for you:
But what if none of these people are present when a decision needs to get made?
In this case, your doctor will make a decision for you.
They won’t be able to take into account any of your:
But that’s only in emergency situations like a car accident.
Other scenarios, like Alzheimer’s, dementia, or comas are not emergency situations.
When you don’t have a medical durable power of attorney, doctors will counsel the list above.
And they will ask what decisions these people believe you’d want to be made.
But if there is a disagreement, the probate courts will get involved.
And the probate judge will make a ruling based on what they think is in your best interest.
A financial power of attorney authorizes someone to make financial decisions on your behalf.
This person is able to manage your finances for you.
A financial POA can get used when you’re of sound mind or incapacitated.
But a medical power of attorney only allows someone to make medical decisions.
Financial and medical POAs should be separate documents.
But they can name the same person for both.
Or you can name a different person for each one.
Both need to get signed before a notary.
Are there any differences between health care proxy vs power of attorney?
A healthcare proxy is the same thing as medical power of attorney.
They both have the same authority to make medical decisions.
And they both go into effect when the principal is incapacitated.
Is there a difference between a durable power of attorney vs medical power of attorney?
A durable power of attorney can either be a:
Both of these types of POAs go into effect once someone becomes incapacitated.
That’s what “durable” means in relation to a power of attorney.
A general power of attorney ends the moment that you become incapacitated.
And a durable power of attorney goes into effect when you become incapacitated.
But a durable POA does not give the agent any authority before you become incapacitated.
A living will is a document that outlines your wishes for end-of-life care.
But a medical power of attorney is someone who can make decisions on your behalf.
Your living will only cover end-of-life scenarios.
But your medical POA can make decisions in any scenario for you.
Both a living will and durable medical power of attorney go into effect when you’re incapacitated.
If you want a reliable, attorney-created power of attorney, fill out the form below.
Our experienced attorneys will create your power of attorney, which means:
Fill out the form below and we will reach out and get the ball rolling.
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