Key Takeaways
- A medical power of attorney (also called a health care power of attorney, health care proxy or durable power of attorney for health care) names someone to make medical decisions if you can’t.
- It usually takes effect only when a doctor determines you can’t make or communicate your own decisions.
- Your agent can consent to or refuse treatment, choose doctors and facilities, and access your medical records, guided by your wishes.
- Pair it with a living will so your agent knows what you’d want, and a HIPAA release so family can get updates.
- Choose someone who will honor your wishes even under pressure, and name an alternate.
What is a medical power of attorney?
A medical power of attorney is a legal document in which you appoint a health care agent to make medical decisions for you if you become unable to. It’s one of the two main types of advance directive; the other is a living will.
States use different names for it, including health care proxy, health care power of attorney, durable power of attorney for health care and appointment of health care agent. They all do the same core job.
When does it take effect?
In most states, your agent’s authority begins when your doctor (sometimes two doctors) determines that you can’t make or communicate your own health care decisions, for example if you’re unconscious, sedated, in a coma or have advanced dementia. As long as you can decide for yourself, you’re in charge. Some forms let you make the agent’s authority effective immediately.
What can your health care agent do?
- Consent to or refuse treatments, tests, surgery and medications
- Decide about life-sustaining treatment, guided by your living will
- Choose or change doctors, hospitals, rehab centers and care facilities
- Access your medical records and talk with your care team
- Authorize hospice and comfort care
- In many states, make decisions about organ donation and autopsy
You can limit any of these powers in the document.
Medical POA compared
| Medical power of attorney | Living will | HIPAA release | Financial power of attorney | |
|---|---|---|---|---|
| Names a decision-maker? | Yes | No | No | Yes |
| Covers | Most health care decisions | End-of-life treatment wishes | Access to health information | Money and property |
| Takes effect | When you can’t decide | Terminal illness or permanent unconsciousness | When signed | Usually when signed |
| Guidance for the agent | Your instructions and known wishes | Is the guidance | Not applicable | Your instructions |
For more on the information side, see HIPAA release vs. health care power of attorney.
How to choose your health care agent
The best agent is someone who:
- Knows you well and will honor your wishes, even if they’d choose differently
- Can stay calm and advocate firmly with doctors and family
- Is likely to be reachable, ideally nearby
- Is willing to take on the role; always ask first
Many states don’t allow your doctor or the staff of your care facility to serve as your agent. Name at least one alternate.
How to make it valid
Follow your state’s signing rules, which commonly require two adult witnesses, a notary or both. Some states restrict who can be a witness, such as relatives or heirs. Then give copies to your agent, your alternate, your doctor and your hospital.
Frequently asked questions
Yes, in most states. Both terms describe a document naming someone to make medical decisions for you when you can’t.
Your agent is supposed to follow the wishes in your living will. Many forms let you say whether your agent has flexibility to interpret your wishes in situations you didn’t anticipate.
Typically yes, once the agent’s authority begins. A separate HIPAA release lets family receive information even while you can still make your own decisions.
Most states let you name one primary agent and one or more alternates. Naming co-agents is allowed in some states but can cause conflict in urgent situations.
Doctors will turn to your state’s default surrogate law, which usually ranks spouses, adult children, parents and siblings. If there’s conflict or no one is available, a court may need to appoint a guardian.
Keep reading
- Power of Attorney Explained: Types and How to Get OneA plain-English guide to power of attorney: the types (financial, medical, durable, springing), how to choose an agent, and how to sign one correctly.
- Durable vs. Springing Power of Attorney: Which Should You Choose?A durable POA lasts through incapacity; a springing POA starts only at incapacity; a regular POA ends at incapacity. Compare the three and learn which most people choose.
- Power of Attorney for an Elderly Parent: A Step-by-Step GuideHow to get power of attorney for an aging parent: the documents to sign, capacity concerns, bank and Social Security quirks, and what to do if it's too late.
- How to Revoke a Power of AttorneyYou can revoke a power of attorney anytime while you're competent. Learn the steps: written revocation, notifying your agent and third parties, and replacing the document.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.