Why You Should Have a Durable Power of Attorney for Healthcare
Key Takeaways
- A durable power of attorney for healthcare authorizes a person to act as your proxy when you cannot make decisions about your own treatment.
- Your agent can make choices about hospital stays, medical treatments, and more.
- Be sure to follow state laws for signing your power of attorney and provide detailed instructions regarding your preferences.
- Consider other advance directives like a living will.
It’s scary to think you could someday find yourself unable to make or communicate choices about your own healthcare because of an illness or injury. To prepare for that scenario, appoint someone you trust to carry out your wishes. A legal document called a durable power of attorney for healthcare authorizes that person to make vital decisions when you can’t.
Let’s examine how a healthcare power of attorney works and why you should consider preparing one.
What Is a Durable Power of Attorney for Healthcare?
A power of attorney is a legal document that appoints someone to act as your agent for financial, medical, or other decisions. You may give that individual various levels of authority, from completing specific transactions to managing life and death issues.
A healthcare power of attorney ensures you receive the medical treatment you want. If you’re too sick, injured, or mentally incapable of expressing your preferences, the agent you’ve named acts as your proxy. Healthcare providers will consult with your agent throughout your treatment, avoiding situations where your family members might disagree on a course of action.
When you’re mentally or physically unable to make decisions yourself, your agent can:
- Authorize your admission to or discharge from a facility such as a hospital or a nursing home.
- Give permission for you to receive particular drugs or treatments.
- Authorize access to your medical records.
- If you pass away, carry out your preferences for organ and tissue donation, funeral, and burial.
A durable power of attorney stays in effect until the end of your life unless you cancel it.
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Setting Up a Healthcare Power of Attorney
States have different laws for completing and signing a durable power of attorney for healthcare. Depending on where you live, you may need to sign with witnesses present or have the document notarized. Be sure to complete the correct state form and follow all the requirements.
In most states, almost anyone over the age of 18 can serve as your agent, such as a family member, friend, or lawyer. Your state may have limitations that disqualify certain people like your healthcare provider and their employees, including the owner of a residential facility where you receive care.
The National Institute on Aging recommends choosing someone who:
- You trust with your life
- Can be relied on to carry out your wishes
- You feel comfortable talking to about your healthcare
- Can handle possible conflicts with family members, friends, or healthcare providers
- Lives nearby or would travel to help you
You can also name an alternate proxy in case the person you named cannot act on your behalf. If you decide to change agents, you must complete new paperwork.
Be sure to provide your agent with a copy of the signed power of attorney form and written directions explaining your wishes in case of a serious illness, injury, or death. Share a copy with your doctor as well.
Other Healthcare Advance Directives
A durable power of attorney for healthcare is one of a few documents, called advance directives, that you can prepare to express your healthcare preferences. Other common directives include:
- Living will: This document states whether you would like certain treatments to be used to preserve your life, such as CPR, a ventilator, or tube feeding. You can also note what palliative care you would like to receive to keep you comfortable and provide instructions for the donation of your organs and tissues.
- Do not resuscitate (DNR) or do not intubate (DNI): In addition to thorough directions in your living will, you can ask your doctor to add one of these orders to your medical records. This will ensure that staff members know your preference not to receive CPR or a ventilator in an emergency.
By preparing for situations where you can’t discuss your medical needs with healthcare providers, you can still get treatment that fits your preferences and personal values. You may also help your loved ones manage a difficult situation with confidence that they are fulfilling your wishes.
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Sources
- Healthcare Power of Attorney (HPOA). UChicago Medicine.
- Power of Attorney. American Bar Association.
- Choosing A Health Care Proxy. NIH.