Power Of Attorney Basics - Part I

What Is Medical Power Of Attorney

A Medical Power of Attorney is a legal document, signed by a competent adult, also referred to as the principal, which designates that a person named by the principal has the authority to make health care decisions on the principals behalf in the event that the principal is unable to make these decisions. This person is referred to in the agreement as the agent.

When Can The Agent Make Health Care Decisions On Behalf Of The Principal

Once named, the agent can only make health care decisions on the behalf of the principal if the principals primary physician certifies in writing that the principal is unable to make such decisions. The physician is required to file this certification in the principals medical record.

If the principal objects, whether or not the principal has been declared incompetent, to the decisions of the agent, treatment prescribed may be withheld or delayed until a mutual agreement can be reached. In addition, the Medical Power of Attorney does not grant the agent the right to consent to certain treatments on behalf of the principal. These include, but are not limited to:

• Commitment to a mental institution
• Convulsive, i.e. Electroshock treatment
• Psychosurgery
• Abortion
• Neglect of comfort of care
• Psychosurgery

In addition, medical power of attorney can be revoked by either the agent or the principals health care provider, orally or in writing, by the principal with an indicated intent to revoke. Once set into motion, this revocation will occur regardless of the capacity of the principal to make health care decisions, and any later execution of Medical Power of Attorney results in the revocation of previous ones.

Do I Need Medical Power of Attorney

If there is a chance in your lifetime that you may become seriously ill, injured or otherwise rendered incapable of making decisions regarding your own healthcare, than you should consider granting medical power of attorney to an agent who shares your same values, and whom you trust.

Can I Choose More Than One Agent

Yes, an alternate agent, while not required, may be chosen if you wish to do so. The alternate agent has the ability to make the same health care decisions as the designated agent if the primary designated agent is unable or unwilling to do so.

The next section of this article will examine the issues surrounding Medical Power of Attorney in greater detail. Continue reading…Part II