MAKE YOUR FREE Medical Power of Attorney

A Medical Power of Attorney, also known as a Healthcare POA, is a legal document that grants someone the authority to make medical decisions on behalf of another person if they become unable to make those decisions themselves. To do so, it covers a wide variety of terms and topics, such as:

Alternate agents

It is advisable to designate an alternate agent to provide for the possibility that your agent will be unwilling, unable, or ineligible to act as your agent. Any alternate agent has the same authority to make health care decisions as the original agent. You may even designate a second alternate agent.

Anatomical gifts and organ donations

Organ donations are often referred to as "anatomical gifts." All fifty states have passed some version of the Uniform Anatomical Gift Act, generally providing that individuals may make a gift of their organs and tissues during their lifetime with the gift to take effect on their death.  Additionally, family members may generally donate organs and tissues when you die if you have not indicated that you are opposed to such a donation. This is why it’s important to document your wishes concerning organ donation.

Artificial nutrition and hydration

The phrase "artificial nutrition and hydration" generally means food and water that is provided to a person through artificial means such as feeding tubes or intravenously, rather than through the normal eating and drinking. Because food and water is a basic necessity to life itself, there have been concerns in the past as to whether a person should be permitted to request that food and water not be provided – however a U.S. Supreme Court case decided in 1990 makes it clear that a person can state his or her preference not to receive artificially administered food and water. 

Autopsy

An "autopsy" is an examination of the body after death by a medical expert, usually conducted to determine the cause(s) of death.  Except for deaths that appear to have occurred under suspicious circumstances, government officials generally do not have the authority to conduct an autopsy, unless the consent of the deceased person's legal representative is obtained.

Choosing an agent

Some states refer to the agent as an "Attorney-in-Fact," "Health Care Agent," "Health Care Proxy," "Health Care Representative," "Patient Advocate," "Proxy" or "Surrogate.” Either way, the person that you designate as the agent should be someone you know and trust. Most states require that the agent be an adult. In addition, under most circumstances, your agent cannot be your healthcare provider, unless that person is related to you. 

If there are two people that you would like to serve as your agent, you can name one as an alternate agent later. 

Designated donees

The Uniform Anatomical Gift Acts allow you to designate a "donee," the individual or institution who is to receive the donated organs and tissues. In general, the following are acceptable donees: hospitals; surgeons; physicians; accredited medical or dental schools, colleges, or universities; organ/tissue banks or storage facilities; organ procurement organizations; or a specified individual who needs an organ or tissues for therapy or transplantation.  

If there is no specific designated donee or the designated donee is not available or rejects the donation, depending on the specific state law either the attending physician or any hospital can generally accept the donation.    

Organs donated

Unless you specifically desire to exclude certain organs, tissues, or parts from donation, it is recommended that you simply indicate that any needed organs can be donated. This allows the most flexibility and the greatest possible use of your organs. Many different organs are needed including the heart, lungs, kidneys, liver, and pancreas. Tissues and parts, such as bone, skin, and corneas, are also needed.  

Body donations 

Some organ donation forms allow you to make an anatomical gift of the entire body. However, the donation of one's entire body often requires specific arrangements with the designated recipient of the body, such as a medical school. It is a good idea to contact a medical school if you desire to make such a donation.

The use of organs

The Uniform Anatomical Gift Acts provide that organs, tissues, or parts may generally be used for transplantation, therapy, research, and medical education. However, it is not always possible for organs and tissues to be used for all purposes. Some organs or tissues may not be used if it would interfere with an autopsy or another investigation. If you suffer from a particular disease or die under certain circumstances, your organs and tissues may not be suitable for transplantation. Organs and tissues not useful for transplantation or therapy may be useful for research or education.

Witnesses

There are restrictions on who may be a witness to the execution of a Healthcare Power of Attorney. The restrictions are included in a statement on the document that precedes the signatures of the witnesses. The witness requirements should be carefully reviewed prior to signing the document. 

Your agent’s authority 

Generally, an agent has broad authority to make almost any decision regarding your healthcare if you are unconscious or otherwise unable to communicate your wishes. However, you may limit your agent's authority. For example, you can state: "My agent is not authorized to consent to my receiving blood transfusions." 

It is not possible to anticipate all of the health care decisions that may be required. If you do not provide specific directions regarding a particular health care decision, your agent must act in your best interests and consistent with the laws of your state. You should discuss your wishes, values, and preferences regarding your health care with your agent so that your agent is best able to make decisions in accordance with your wishes. Your agent is not liable for health care decisions made in good faith.

There may be times, even if you are not in a terminal condition or permanently unconscious, that you are unable to make and communicate your healthcare decisions. In these circumstances, an agent can help make decisions for you.

In a Medical Power of Attorney you can designate another person (your agent) to make healthcare decisions on your behalf if you are unable to do so for yourself at some time in the future. In addition to the designation of an agent, these directives often provide an opportunity to give specific directions similar to those allowed in a Living Will. 

However, a Medical Power of Attorney is different from a Living Will because it is generally broader. A Living Will covers only end-of-life decision making (like what happens in case of a coma). In contrast, a Medical Power of Attorney gives the agent the ability to make all health care decisions on the principal's behalf.

Note that Medical Power of Attorney documents are "durable" because they continue to be effective even if you become mentally incompetent.

In doubt of whether to create a Living Will, Medical Power of Attorney, or Advance Health Care Directive (which has elements of both a Living Will and Medical POA)? Don’t worry. Reach out to a Rocket Lawyer network attorney with your questions or to learn what document is right for you.