Why Is It So Important To Have a Medical Power of Attorney?
Humans prefer predictable situations and outcomes. Predictability means less stress and anxiety and an overall sense of control. It’s why some people read their horoscope, visit psychics, or have tarot readings. After all, if we know what will happen, we can be better prepared.
But life is unpredictable, and we can’t know the future. However, we can still be prepared. That is what a medical power of attorney provides.
What is a Medical Power of Attorney?
A Medical Power of Attorney (POA) is a legal document designating a trusted individual, known as an agent or healthcare proxy, to make healthcare decisions on your behalf if you are incapacitated.
Even with advanced healthcare directives, you still need a medical POA. Advance directives often outline your wishes for end-of-life care. It provides guidelines to your medical team regarding life-extending measures, such as no feeding tubes, Do Not Incubate (DNI), and Do Not Resuscitate (DNR).
A medical POA covers situations not covered by your advance directives. For example, if you are in an accident, they have the authority to make medical decisions for you regarding your care, such as what types of treatment you should and should not receive.
A Medical POA Provides Peace of Mind
There are several good reasons to have a medical POA, such as:
- It ensures your healthcare wishes are respected and prevents unwanted medical interventions
- You are empowering someone who understands your values and priorities to act on your behalf
- It avoids conflicts or confusion among family members about your care
- Timely decisions can be made without delays
- It ensures your decisions comply with state laws
- It allows your healthcare proxy to access your medical records
Key Components of a Medical Power of Attorney
To ensure your medical POA is legally binding and accurately reflects your wishes, it should include the following:
1. Scope of Authority
Your medical POA should clearly describe the decisions your healthcare proxy is authorized to make, such as medical treatments, procedures, and care plans. Their authority is limited to what is listed in the document and the law.
2. Activation
There should be a clause specifying when the medical POA becomes effective, which is typically when a healthcare professional deems you incapacitated.
3. Preferences
You should include instructions if you have specific medical preferences you want your healthcare proxy to follow, such as life-sustaining treatments.
4. Revocation
The document should include a statement affirming your right to revoke or amend the medical POA at any time, as long as you are mentally competent.
Your Medical POA is Part of a Comprehensive Estate Plan
Your estate plan is more than just deciding how to distribute your assets after you pass away. It also includes essential elements such as:
- Appointing guardians for minor children or dependent adults
- Management of your financial affairs if you’re incapacitated
- Establishing trusts to protect your assets
- Having someone advocate for your medical preferences if you are severely injured
A comprehensive estate plan is about preparing for life’s unexpected events and reducing the emotional and financial burden on your family.
Our attorneys at Lonich Patton Ehrlich Policastri are experienced estate planners. We are ready to help you create a medical power of attorney and any other necessary estate planning documents. We understand that everyone’s needs are different, which is why any legal document we create for you reflects your values and protects what matters most to you.
Contact us at (408) 553-0801 to schedule your free consultation. You can’t predict the future, but you can be prepared for it.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Michael Lonich
Specializing in Divorce and Estate Planning, I am San Jose Attorney, Michael E. Lonich; and I have been battling for client’s rights for nearly 40 years. When focusing on divorce, child custody, and related matters, I know all too well the emotional and financial toll divorce has on clients. Integrity, common sense, and a passion for what I do which guarantee the best possible results for my clients. Resolution of family law issues requires an attorney able to navigate the myriad legal and emotional issues presented in cases. Financial issues, child custody, domestic violence, valuation of property, analysis of RSUs, hidden assets, spousal and child support, all may require trial, mediation, or a collaborative effort with the parties. Regardless, each client gets the individualized attention they require. Every family law case is unique, we partner with you to develop a comprehensive approach to get the best results.
