Medical POA Forms
A medical power of attorney is a written document by which one person gives to another person (the attorney-in-fact) the authority to act on behalf of the first person in one or more matters. There may be a time where you may need someone to act on your behalf because of circumstances beyond your control. This can be even more important should you need medical care but you are unable to make decisions for yourself. By executing a health care power of attorney, you are authorizing the attorney in fact to make health care decisions on your behalf. Health care decisions mean the consent, refusal to consent or withdrawal of consent to health care.
Please note that a Medical POA is not the same thing as assuming guardianship/conservatorship. CLICK HERE if you need more information on assuming these roles.
1. Your spouse
2. Your children (18+) and grandchildren (both biological and adopted)
3. Your parents
4. Your siblings
5. Your extended family ( nieces, nephews, grandparents, etc.)
The execution of a living will memorializes your intent and desire regarding your use of life-sustaining procedures, and not what your attorney in fact thinks you desire. The presence of a living will relieves the attorney in fact from making that difficult decision, if the situation arises.
The power to name a designated agent for body disposition is honored in all states. If you are concerned about the authority of your agent being questioned, estranged from your next-of-kin, or were never legally married to your significant other - the designated agent law allows you to name someone other than a legal spouse or next-of-kin. Assigning an agent for disposition can be useful when one individual is more inclined to follow your wishes than another, or to prevent conflict between family members of equal kinship.
Once the paperwork is notarized/witnessed, you just need to make a few copies. I always suggest:
1. A copy for yourself.
2. A copy to your primary care provider for your medical record.
3. A copy to anyone listed as an agent on the form.
4. A copy in an accessible place in your home.
If you decide to change your agent at any time, you simply need to refill out the form and have it notarized/witnessed again. The medical team will use which ever forms can be produced at the time of the event with the most recent date.
If you’re looking for more support in “having the conversation”, Queerly Beloved is a certified advanced care planning facilitator through Respecting Choices. Respecting Choices® is an evidence-based model of advance care planning (ACP) that creates a culture of person centered care. Please reach out at the link above.