What is a Health Care Power of Attorney?
Information You Should Know About a Medical POA or Proxy
Jun 25, 2009
Perhaps your next of kin does not know your wishes regarding health care or maintains an attitude that is contrary to your wishes. Maybe you can imagine added stress or a fight ensuing around the hospital bed if you should become unable to communicate or make medical decisions.
A Health Care Power of Attorney (HCPOA) is a legal document that allows you to designate another person to make medical decisions for you if you cannot make decisions for yourself. You do not have to be terminally ill, elderly, or facing high risk activities to select a HCPOA. Assuming a wait and see attitude could pose problems if you became incapacitated unexpectedly. Below is some basic information regarding a HCPOA.
Other Common Terms for HCPOA
- Durable Power of Attorney for Health Care
- Durable Health Care Power of Attorney
- Medical Power of Attorney
- Appointment of a Health Care Agent
- Advance Directive
- Health Care Directive
- Health Care Proxy
- Medical Proxy
Next of Kin
If you lack the capacity to make decisions, the healthcare team will seek input from the next of kin if you do not have a HCPOA. Generally speaking, next of kin would be a spouse. If you are unmarried or not legally married, next of kin would then generally be parents or adult children.
Selection of a HCPOA
- The HCPOA agent must be at least 18 years old and competent to make health care decisions.
- The HCPOA agent does not have to be next of kin or a family member but should be someone that you feel will act in your best interest if the need arises.
- You should speak with this person regarding your health care wishes and obtain her consent to be your agent.
- Your agent should know where this document is kept.
- You may wish to designate an alternate agent.
- If you have designated your spouse as your HCPOA and get a divorce, most states automatically revoke the spouse’s authority to make your medical decisions, according to a 2007 article “Living Wills and Powers of Attorney for Health Care: How They Work.”
A HCPOA is not a Living Will or DNR Order
- A Living Will specifies what life-sustaining care you do or do not want performed.
- A DNR order is written by a physician that specifies what care to withhold in the event that you need life-sustaining care. This order directs personnel who are providing hands-on care. Without a DNR order, many states dictate that staff should provide life-sustaining procedures unless specifically ordered otherwise by a physician.
The HCPOA Document
- This is state-specific and may require two witnesses, notarizing, etc.
- Your healthcare provider can typically provide you with a free form that is specific for your state and can answer questions you may have.
- You may wish to view a sample HCPOA.
- You must be competent to make legal decisions when completing a HCPOA document.
- Check your state’s regulations regarding HIPAA requirements to ensure that your agent will have access to your medical information if necessary.
Making Your Wishes Known
If you wish to designate a HCPOA, the document will not take affect until the health care team has access to it. Keep the original document in a safe place and provide a copy to the following:
- your primary physician
- your agent
- healthcare facility if you are admitted to a hospital or a resident of a long-term care facility
- others, if applicable
If you carry an emergency contact information sheet, you should make a notation that you have a HCPOA on that sheet.
Revoking a HCPOA
If you wish to revoke, review, or re-write a HCPOA form, you may do so at any time. Ensure that old documents are destroyed and that new ones are on file, if applicable.
This article is not intended to be medical or legal advice. Please consult your physician or lawyer regarding specific medical or legal matters.
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