Medical Power of Attorney

What is a medical power of attorney (POA)?

Powers of attorney (POAs) offer individuals a way to plan for the unexpected. Typically, a POA is a document that appoints an agent (also called a proxy) to make legal and financial decisions on your behalf.

Durable powers of attorney are POAs that remain in effect even if the principal (the creator of the POA) becomes incapacitated. Durable power of attorney for health care—sometimes referred to as a medical power of attorney—is a type of advance directive that allows you to appoint someone to make medical decisions on your behalf should you become unable to make your own healthcare decisions. Advance directives are legal documents that communicate the end-of-life care wishes of incapacitated individuals.

Advance directives often include both a medical POA and a living will, which outlines instructions for your medical care, including life-sustaining treatments. State laws determine what makes advance directives and medical POAs valid. That said, most jurisdictions require two adults to witness and sign the forms in the presence of a notary public.

For more information on how they work, read this comprehensive guide to medical powers of attorney.

Medical power of attorney FAQs 

What are the limitations of a medical power of attorney?

A medical power of attorney has limitations on the powers it grants your agent. For example, the agent must act in the principal's best interest and remain within the scope of a medical POA. This means that your agent doesn't have the authority to make financial, legal, or mental-health treatment decisions on the principal's behalf. Additionally, an agent's power is only effective if the principal is incapacitated. They cannot make decisions for a principal who is sound of mind. 

Can a medical POA override an advance directive?

That depends. It may be possible for an agent to override an advance directive, or living will, based on the circumstances and if it's in the best interest of the patient. For example, if the healthcare provider strongly suggests the change. That said, a medical POA generally must follow the care instructions outlined in a living will.  

What is the difference between a medical power of attorney and a living will?

Both a medical power of attorney and a living will are legal documents that can be part of your advance care planning. However, a medical power of attorney allows you to appoint an agent, or proxy, to communicate with healthcare providers and make treatment decisions on your behalf. A living will allows you to give instructions on which medical treatments you want, which you don't, and under what circumstances. 

Can I revoke a medical power of attorney?

Yes, you can revoke a medical power of attorney at any time as long as you are mentally competent. Rules for how to revoke a medical power of attorney differ by state. Consult an attorney in your state for more information on local requirements.