What is the Role of Medical Power of Attorney?

Introduction

In times of illness, injury, or medical emergencies, it’s vital to ensure that your healthcare preferences and decisions are understood and respected. A Medical Power of Attorney, often abbreviated as MPOA, is a legal document that plays a crucial role in this process.

It empowers individuals to designate a trusted person, known as the agent or healthcare proxy, to make medical decisions on their behalf when they are unable to do so. This article will shed light on the significant role of a Medical Power of Attorney, its importance, and how it ensures that your healthcare wishes are upheld.

Due to the new discoveries and advances in the medical field, life expectancy has increased in the last few decades. As a result, people are living longer lives than before. With the increase in a person’s age, many health challenges appear.

There may be situations when decisions on how you wish to be treated for a disease need to be taken. Such problems are most likely to arise at the end of our lives.

In the case of severe disorders or accidents, the person may not be able to express their preferences about the medical treatment. Then, such critical decisions need to be made by others for your medical treatment. This is where advanced healthcare directives, aka healthcare proxies, come into the picture.

A healthcare proxy allows you to deal with these situations beforehand. In this article, we will explain the benefits and processes of getting Health Care Power of Attorney

What is a Health Care Proxy?

Health care proxy is known by various names differing from state to state. It is called a health care surrogate and medical power of attorney. It is basically a durable POA that is curated specially to give powers to someone related to the medical treatment of the principal.

Here, the principal grants the Authority to make medical decisions if he (the principal) cannot express his preferred choice of medical treatment. The inability to express can arise due to unconsciousness or unfit mental state.

On the basis of your residence, the health care proxy is of 2 types:

A. Standard
B. Statutory

Features of an Online Health Care Proxy

• Depending on the state, the laws concerning the healthcare proxy differ.
• All the states allow you to express your preferences about medical treatment for terminal illness or accidental injuries.
• A healthcare proxy is known by various names in different states such as living wills, medical directives, healthcare proxies, and advance healthcare directives.
• All the fifty states provide a statutory form. They also permit you to draft your document suitable to your choices. This specifically designed draft is possible with the legal assistance of a lawyer.
• You can appoint one or more persons (successors) to make decisions on your behalf in emergencies. If the first-choice proxy can’t take the decision, then the alternate proxy can do the job.
• For the living will, initially, the medical doctors will decide whether you are capable of making your medical decisions.
• Free Medical power of attorney is also available. Although, it might have several uniquely designed terms & conditions to abide by.

How do I Make a medical power of attorney?

First, go to the state advance health care directive forms tool. Now, print out the state’s medical power of attorney form. The following steps are needed to make a free healthcare proxy.

1. Designation of Agent will include the name of Agent that will represent your medical treatment preferences to doctors.
2. Add the complete and correct mailing address of your healthcare broker where your Agent can be located as he will receive formal documents related to your healthcare.
3. A reliable contact number of your health care broker.
4. If you want to add an alternate healthcare insurer, then you should provide the same information, i.e., name, address, and contact details for those alternate agents. You can appoint as many alternate healthcare agents as you want.

Keep the following in mind while aiming for a medical power of attorney:

• Agent’s Authority will include principal provisions and other instructions. While appointing a Health Care broker, the principal should decide whether the Agent’s use of Principal Authority should be confined. The Agent’s principal authority use can be limited simply by stating the limitations or by specific instructions directed at your Agent and doctors that will supersede your Agent’s Authority.
• Declare the date from which the health care agent is authorized to act as the Individual’s medical choices in the document. The principal authority powers shall innately get into effect when the principal is unable to communicate with medical professionals regarding the treatment. However, the Principal has the option to declare that the healthcare broker is permitted to represent the principal’s directives immediately after the validation of this document.
• Now you should fill in the Agent’s post-death authority details, including directives about what needs to be done with the after-death remains. It also includes directions on funerals, organ donation, burial, autopsy, etc.
• Now, the Principal needs to provide the choice of artificially prolonged life. You can choose between prolonging the life or keeping the principal pain-free. This also includes the Individual’s stand for the processes and medication to control the principal’s pain levels. The principal can also place restrictions on pain relief practices.
• Apart from all these crucial details, additional directives can be added, including specific treatment preferences.
• Now, add the identity and other details of the principal’s primary physician. By placing the details of the primary physician for future use by Medical Staff, the staff can easily trace the principal’s medical history. So, the name, address details, and contact details of the primary physician should be added. Also, add the hospital’s address where the principal’s primary physician works.
• Similarly, add the details of a secondary physician. Now, the Principal must sign the document to verify along with the information of the current date. The signing is done in the presence of witnesses or a public notary. The Principal’s printed name and legal address should also be presented.
• Now, details such as the name, address, and signature of two witnesses take place. Witness testimony is also needed to state that he is not entitled to the Principal’s estate after his death.
• A patient’s ombudsman (statement) is needed when the principal is residing in an improved healthcare provision. In such a situation, the patient’s ombudsman needs to submit their witness testimony to ensure the Principal’s signature is genuine. Ombudsman testimony is required to be acknowledged by his signature along with his address proof and name.

Powers and Duties of a Health Care Proxy

1. Decisions about medical treatment, medical care, medical tests, medicine, and surgery.
2. The right to ask for or reject life-support treatments.
3. Permission or declination of medication or medical procedures.
4. Decision on admission to an assisted healthcare living facility, hospital, or nursing home.
5. Where to receive medical treatment, right to move the principal to another hospital, or state.
6. The right to approve medical records, Take legal steps, and advocate for your health care rights.

Frequently Asked Questions (FAQs)

Q. What is the primary purpose of a Medical Power of Attorney?

Ans: A Medical Power of Attorney allows you to appoint someone you trust to make healthcare decisions for you if you become incapacitated, ensuring that your preferences and values are respected.

Q. Who can be appointed as the agent in a Medical Power of Attorney?

Ans: You can choose any adult you trust to be your agent, whether it’s a family member, friend, or another trusted individual. It’s important that your agent understands your values and is willing to carry out your wishes.

Q. What decisions can the agent make on my behalf?

Ans: The agent can make a wide range of medical decisions, from routine healthcare choices to life-sustaining treatments, depending on the specific instructions you provide in your MPOA document.

Q. When does the agent’s authority come into effect?

The agent’s authority typically becomes active when a physician certifies that you are unable to make medical decisions on your own due to incapacity. This might include situations where you are in a coma, have advanced dementia, or are unconscious.

Q. Can I limit or specify the decisions my agent can make?

Yes, you can specify your preferences and limitations in your MPOA document. You can outline the types of treatment you wish to receive or refuse, providing clear guidance for your agent.

Q. Is a Medical Power of Attorney the same as a Living Will?

No, they are distinct legal documents. A Living Will outlines your preferences for specific medical treatments, whereas a Medical Power of Attorney designates someone to make decisions on your behalf.

Conclusion

A Medical Power of Attorney is a vital component of your healthcare planning. It ensures that your voice is heard, even when you are unable to speak for yourself due to medical incapacity. By designating a trusted individual as your agent, you take control of your medical decisions and guarantee that your values and preferences are honored.

This legal document not only provides peace of mind for you but also eases the burden on your loved ones during challenging times. So, if you haven’t already, consider creating a Medical Power of Attorney to safeguard your healthcare wishes and protect your autonomy in medical decision-making.