Medical Power of Attorney

A Medical Power of Attorney is a document that grants another person the power to make medical decisions for you, when you no longer have the ability to make those decisions for yourself. It is known by a few other names, depending on the state where you live: health care proxy, a healthcare power of attorney, or a health care surrogate.

It needs to have HIPAA-compliant language, which will allow the person you name the ability to review medical information and discuss protected health information with your health care providers.

A Medical Power of Attorney may also include language for an advance medical directive, which gives instructions for end-of-life decisions. This is often called a Living Will, and is your legal right to reject medical treatment, decisions about feeding tubes, and the number of doctors required to determine the probability of recovery and pain management. Unlike a Living Will, it applies to both end-of-life treatment as well as other areas of medical care.

A Medical Power of Attorney does not generally empower another person to make decisions, until you are unable to do so. Unlike a general durable power of attorney, which permits another person to make financial or business decisions with you while you are living, as long as you are able to understand your medical situation, you are still in charge of your medical decisions.