make your free medical power of attorney
what we’ll cover
what is a medical power of attorney (poa)?
a medical power of attorney is a legal document that gives a trusted person or entity the authority to make medical decisions on your behalf, if you are incapacitated or cannot do so on your own. also known as healthcare poa, medical powers of attorney are "durable" powers of attorney.
this trusted person, called an "agent," will be able to make choices for you such as whether you should be admitted into a care facility, whether you'll receive experimental treatments, or if your medical providers will be allowed to connect you to machines to keep you alive.
made for all states, the medical poa forms from 2022世界杯32强抽签时间 can be completely customized for your particular situation. with this official legal document on hand, your agent can provide confirmation to healthcare providers and other parties that they can legally act in your interest.
when to use a medical power of attorney:
- you want to specify your wishes so that it is more likely they will be carried out.
- you are facing the possibility of surgery or a hospitalization.
- you have declining health.
- you have been diagnosed with a terminal condition.
about medical powers of attorney
learn about how to appoint someone to make medical decisions for you
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common terms in a 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.
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what is the difference between a medical power of attorney and a living will?
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 2022世界杯32强抽签时间 network attorney with your questions or to learn what document is right for you.
medical power of attorney faqs
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how do i get a medical power of attorney?
it's very simple to give or get the authority you need with a free medical power of attorney template from 2022世界杯32强抽签时间 :
- make the document - just answer a few questions and we will do the rest.
- send or share it - discuss the poa with your agent(s) or seek legal help.
- sign it - mandatory or not, witnesses and notarization are ideal.
this method, in many cases, will be much less expensive than meeting and hiring the average law firm. if necessary, you can prepare this medical poa on behalf of a family member, and then help that person sign once you've drafted it. please keep in mind that for a poa form to be legally valid, the principal must be mentally competent at the time of signing. in the event that the principal is already unable to make their own decisions, a conservatorship generally will be required. when dealing with such a scenario, it's important for you to talk to a lawyer.
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what is the difference between a healthcare proxy and a healthcare power of attorney?
in the process of researching the topics of elder care or estate planning, you might see "healthcare proxy" and "healthcare power of attorney" used interchangeably. at the end of the day, they're quite similar. that being said, please keep in mind that it's possible to get powers of attorney over affairs that aren't related to medical care.
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who should have a medical power of attorney?
everyone over 18 years old should have a healthcare power of attorney. even though it can be painful to think about, there could come a day when you are no longer able to make your own medical decisions. common circumstances in which you may consider a poa to be helpful include:
- you are getting older or dealing with ongoing health issues.
- you live in or intend to move into a community care facility.
- you will be expecting to undergo a medical procedure requiring anesthesia.
- you are managing a terminal illness.
regardless of whether your medical poa has been produced as a result of an unexpected emergency or as part of a forward-looking plan, witnesses and notarization for signing can often help to protect your document if its lawfulness is disputed by a third party.
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what decisions do i need to make before making a medical power of attorney?
there are a few questions you should ask yourself before making your medical power of attorney. while this document does not dictate exactly what medical choices are made for you, it does appoint someone to make those choices for you.
you may ask yourself:
- who should be my agent(s)?
- do i want my agent to have access to my medical records?
- can my agent admit me to a long-term care facility?
- will my agent also be my guardian?
- can my agent consent for me to participate in medical research or clinical trials?
- can they authorize the donation of my organs?
- who should be my witness(es)?
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who should i appoint as my healthcare poa agent?
choosing an agent can be difficult. often spouses or siblings have a hard time making difficult decisions on behalf of a loved one. plus, you need someone who understands the responsibility of being a healthcare agent and who is willing to accept the task. you need someone confident and assertive enough to enforce your wishes, which may be against the wishes of loved ones or their own beliefs.
it may be difficult to find one person who fits your criteria. to make it even more challenging, you may want to consider appointing two agents. you may need two agents, or an alternate agent, in case the first one cannot, for whatever reasons, fulfill their duties. it is also helpful if your agent lives close enough to be there when you need them.
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do i need to hire a lawyer to review my medical power of attorney?
healthcare power of attorney forms are normally simple to make, but you or your agent(s) may need legal advice. depending on whom you contact, some attorneys may not even accept requests to review a document that they did not draft. a better approach might be to contact a 2022世界杯32强抽签时间 network attorney. 2022世界杯32强抽签时间 members can request a network attorney with relevant experience to review their documents, or pose additional legal questions related to your healthcare poa. as always, 2022世界杯32强抽签时间 is here for you.
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how much does a healthcare power of attorney form cost?
the cost of hiring and working with a law firm or other legal provider to draft a medical power of attorney can range from a few hundred dollars to several thousand, depending on the complexity of your situation, your location, and who you choose to hire. for 2022世界杯32强抽签时间 members, this healthcare power of attorney form, and countless more forms and templates, are available as part of the membership. 2022世界杯32强抽签时间 is not your average power of attorney template website. 2022世界杯32强抽签时间 members have access to up to 40% in savings when hiring a 2022世界杯32强抽签时间 attorney network.
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what are my next steps after i make a medical power of attorney?
as a 2022世界杯32强抽签时间 member, you will be able to edit, save as a pdf format or as a word document, and print out your poa, and any other document in the 2022世界杯32强抽签时间 library. in order to make your power of attorney legally binding, you need to sign it. you may want to confirm your state requirements for signing. a notary or witness may be required. your agent(s) and care providers should receive copies of your final document.
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does a medical power of attorney need to be notarized, witnessed, or recorded?
the specifications and restrictions vary by state; however, it is strongly recommended to have your healthcare aka medical power of attorney acknowledged by a notary public and signed by at least one witness to emphasize its authenticity. for the most part, each witness should be an adult of sound mind (meaning sane or rational) and have no interest in your estate. some states may have one or more of the following restrictions, meaning a witness cannot be:
- related to you by blood or marriage.
- entitled to any part of your estate.
- a beneficiary of your life insurance or other type of payout.
- financially benefited by your death.
- financially responsible for your medical care.
- one of your healthcare providers.
- the agent or backup agent.
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how long is a healthcare power of attorney good for?
the healthcare power of attorney lasts for as long as the document specifies. for example, the person who created the document, could include that the authority lasts only until they are out of surgery and have recovered from anesthesia. alternatively, if the document only becomes active upon the incapacitation of the principal, and the document does not contain an end date, then the medical power of attorney will continue for the duration of the principal's life.
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is a poa responsible for medical bills?
in some cases, a healthcare power of attorney grants control over financial accounts in order to pay medical bills and other obligations. however, the person making decisions is doing so as an agent on behalf of the person granting the authority. the agent may not become personally responsible for medical bills, unless some kind of negligence or recklessness occurs.
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