What is a Medical Power of Attorney?

A Health Care Power of Attorney (HCPOA) is a legal document, signed by a competent adult designating a person to act on behalf of the principal in the event of incapacitation. The Attorney in Fact must act in the principal’s best interest as his "agent."

Do I need a Medical Power of Attorney?

There is a good chance in your lifetime that you may be seriously injured, ill, or otherwise unable to make decisions for yourself regarding health care. If this should happen, it would be helpful to have someone who knows you, your values, and in whom you have entrusted to make healthcare decisions for you.

When does the agent have the right to make health care decisions on the principal’s behalf?

An agent may make health care decisions on the principal’s behalf only if the principal’s attending physician certifies in writing that the principal is incompetent. The physician must file the certification in the principal’s medical record.

If you do not have a Medical Power of Attorney, your spouse or loved ones may be forced to get a court order granting them power to act on your behalf. As a conservator or guardian you may be required to post a bond and report back to the court on a regular basis. This entire process takes time and is costly.

Do you know who you want to make medical decisions for you, if you are unable to make them on your own?

Have you granted someone power of attorney, or will a Court Justice decide your fate?