Medical Power of Attorney

A Medical Power of Attorney is a legally binding document that specifies who should make medical decisions on your behalf if you are unable to do so.

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Medical Power of Attorney

Dealing with the “what if” scenarios that can accompany a life-threatening medical situation is never easy, but it’s certainly necessary. It’s better to do it now, while you have the time and ability to think and plan.

One of the most important questions to answer is who will be your chosen representative, the one who will make your medical care decisions if you can’t speak for yourself. A Medical Power of Attorney lets you appoint a representative to speak on your behalf.

What Is a Medical Power of Attorney?

A Medical Power of Attorney is a legally binding document that specifies who will make medical decisions on your behalf if you are unable to do so. If you can’t communicate your choices and preferences in the event of a life-threatening medical situation, this powerful legal document ensures that your trusted agent can legally step in to see that your wishes are respected.

Other Names for Medical Power of Attorney

Depending on your state, a Medical Power of Attorney may also be known as:

  • Healthcare Power of Attorney
  • Healthcare Proxy
  • Advance Directive
  • Medical Durable Power of Attorney
  • Durable Healthcare Power of Attorney

Who Needs a Medical Power of Attorney?

The short answer is that every adult should have a Medical Power of Attorney. Some might think that a Medical Power of Attorney is primarily for seniors, but a tragic accident or medical crisis could leave you incapacitated at any age. This essential tool ensures you get the treatment you want when you can’t speak for yourself.

Without a Medical Power of Attorney, decisions regarding your medical care are taken out of your hands if you are unable to communicate your preferences. There may be confusion as to who will make crucial medical decisions if you are incapable.

While the end-of-life decision fights between family members make for Hollywood drama, there are more important decisions that need to be made on a patient’s behalf. You don’t want your loved ones to have to go to court to determine your legal guardian. That’s not only a waste of money and time; it creates incredible stress in an already stressful situation. 

It may be a difficult subject to think about, but planning ahead now is a critical step to protect your family, your healthcare choices, and your peace of mind.

Why Use 360 Legal Forms for Your Medical Power of Attorney

Customized for you, by you
Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Medical Power of Attorney.

Right for your state
Each document on 360 Legal Forms is customized for your state.

Fast and easy
All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online. 

How to Create a Medical Power of Attorney With 360 Legal Forms

If you’re considering a Medical Power of Attorney, you have enough hard decisions as it is. Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms.

The process is fast and easy. Our propriety form generator can help you create your customized Medical Power of Attorney in a few short minutes. We’ll ask a handful of simple questions. Just fill in the requested information, and we’ll put it together. You can see your document being created as you go through the questions. 

Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Medical Power of Attorney?

To create your document, please provide:

  • Effective Date: The date the document goes into effect.
  • Personal Information: Your name and address.
  • Healthcare Agent Information: The name, address, and phone number of your primary healthcare agent and any alternate agents.
  • Location of Original: The address where the original version of this document will be kept.
  • Term: You can choose to have the power of attorney expire on a specific date. Otherwise, the designation will continue until you revoke it.
  • Limitations on the Healthcare Agent’s Authority: You have the option to limit the authority granted to the healthcare agent. For example, there may be a particular medical procedure that you never want conducted. The healthcare agent must obey any limitations you specify.

Medical Power of Attorney Terms

  • Healthcare Agent: A highly trusted person at least 18 years of age that you authorize to make healthcare decisions on your behalf
  • Agent Authority: The rights granted to the healthcare agent to make decisions on your behalf
  • Alternate Agent: A backup person to make medical decisions if your primary healthcare agent is unavailable or unable to perform their duties
  • Guardian: The person you choose to be your legal guardian if a court so requires

What to Do With Your Medical Power of Attorney

After creating and signing your Medical Power of Attorney with 360 Legal Forms, you can download and print as many copies as you like. Keep one copy in your private records and give a copy to your healthcare agent, alternate agents, and primary physician. If you live in a residential care facility, ensure they get a copy as well. Bring a copy whenever you go to the hospital or healthcare facility.

Frequently Asked Questions

Maybe. Each state has its own witness requirements for power of attorney. Some require a notary, some require unbiased witnesses, and some require both. Refer to the laws of your state for more information. Even if one is not required by law, the use of a notary helps ensure that no one challenges your document later.

As long as you are not deemed unable to make sound medical decisions, you can revoke the Medical Power of Attorney at any time by destroying all copies of the document or through a revocation in writing. A Revocation of Power of Attorney is available here on 360 Legal Forms.

The Medical Power of Attorney goes into effect whenever one or two (depending on the requirements of your state) certified medical professionals certify, in writing, that you are no longer able to make sound medical decisions. The Medical Power of Attorney will remain in effect until you expressly revoke it.

A Living Will covers specific decisions regarding your future healthcare and usually focuses on whether or not to allow life-sustaining treatment. A Medical Power of Attorney appoints the person that will make those medical decisions regarding your future healthcare.

Tough ones. Decisions that a person with Medical Power of Attorney may have to deal with include:

  • The type of medical care you prefer
  • When to treat/not treat
  • End-of-life decisions 
  • The use of life-sustaining treatment

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Applicable to all 50 states
Applicable to all 50 states

Our documents are vetted by lawyers and are applicable to all 50 states.