Children and young adults often eagerly look forward to when they can finally make their own life decisions. Once obtained, adults usually value this independence for the rest of their lives.
That said, the unpredictability of life shouldn't be forgotten. A time might unexpectedly arise when you are mentally or physically incapacitated—such as from a traumatic event or illness—and you may need a trusted individual to make your decisions. Such a scenario is exactly why the Medical Power of Attorney was created.
The Medical Power of Attorney is an official legal document. A competent adult (the principal) signs the document to designate a trusted person (the agent) to make health care decisions for the principal should the principal become otherwise incompetent and unable to make decisions for himself or herself.
A Medical Power of Attorney becomes effective as soon as it is executed and received by the agent. Unless the document contains a specific termination date, the power generally remains effective indefinitely unless the principal regains competency or revokes the document.
For the Medical Power of Attorney to be legally binding, the principal must sign a disclosure attesting that they read and understood the document's contents before signing. The document must also be signed by two witnesses, one of whom cannot be in any of the following categories:
Witness restrictions
- Anyone entitled to a portion of the principal's estate
- Anyone with a claim against the principal's estate
- Anyone designated to make health care decisions on the principal's behalf
- Any blood or by-marriage relative of the principal
- Any doctor caring for the principal
- Any employee of a doctor caring for the principal
- Any health care facility employee who is providing direct care to the principal at the facility
- Any office worker, director, partner, officer, or parent organization of a health care facility providing care to the principal
Even after the Medical Power of Attorney goes into effect, the agent cannot make health care decisions for the principal until an attending physician verifies in writing that the principal is not competent to make his or her own decisions. Regardless of the physician's determination, treatment cannot be withheld or provided over the principal's objection.
The agent is generally given latitude to decide on treatments for the principal, but there are some decisions an agent may never authorize on behalf of the principal, including abortion, commitment to a mental institution, psychosurgery, convulsive treatments, and refusal of comfort or supportive care.
A Medical Power of Attorney may be revoked if the principal notifies their agent or doctor verbally or in writing of their intent to revoke it. Executing a more recent Medical Power of Attorney will typically revoke prior ones, and in many cases the divorce of a married agent and principal will also revoke the document.
Most people find it comforting to know that a trustworthy person who understands their values can make health care decisions for them if they become ill, injured, or otherwise incapacitated.
Frequently Asked Questions
What is a Medical Power of Attorney?
It is a legal document in which a competent adult (the principal) appoints an agent to make health care decisions if the principal becomes unable to decide for themselves.
When does a Medical Power of Attorney take effect?
The document is effective when executed and received by the agent, but the agent generally may only act after an attending physician verifies the principal is incompetent to decide for themselves.
Who can serve as an agent?
Any trusted adult may serve as an agent, but they must meet any state-specific requirements and not be disqualified as a witness under the rules described above.
How can a Medical Power of Attorney be revoked?
The principal can revoke it by notifying the agent or health care provider verbally or in writing, by executing a newer document, or by other actions specified by law.