As you plan for your future health needs, it’s important to think about what will happen if you are no longer able to make decisions for yourself. While it’s easy to think that you have many years left before you need to think about such things, the reality is that serious a illness or accident can happen at any age. One question you should ask yourself is who do I want to make decisions for me if I am not able to make them on my own?
A medical power of attorney is also sometimes called a power of attorney for health care. The purpose of the medical power of attorney is to name someone to be your Health Care Agent or spokesperson in case you cannot speak for yourself, either because you are physically too sick to speak, or because you are mentally not able to make decisions for yourself.
You may also see the word “durable” in the title of the document. This is an important term. A power of attorney that is durable is one that will continue to be effective even if you are incapacitated or unable to make decisions. A non-durable power of attorney, which may be used in other legal areas, is no longer effective if you are unable to make decisions. Because the point of the medical power of attorney is to make sure you are cared for when you can’t make decisions, you will need to be sure that your medical power of attorney is durable.
Deciding who to name as your Health Care Agent can be a difficult decision. These questions can help you chose the best person for this important role:
• Does he or she know me well enough to make decisions for me?
• Can he make hard decisions on my behalf?
• Can he stand up to my family and friends if they don’t agree with what I want?
• Does he live close enough that he will be here when I need him to help me?
• Does he share or understand my religious beliefs about health care, death, and other important concerns?
• Can I talk to him freely about my wishes, including talking about what I want to happen if I am dying?
If you have a spouse or other family member who knows you well and who you trust to make critical life and death decisions about your care, that person may seem like the logical choice to be your Health Care Agent. But you also need to consider how that person will be able to cope with your serious illness or injury. Will he or she be too emotionally involved in your care to make the necessary decisions?
There is no right or wrong answer to the question of who to choose, although there are some legal limitations on who can be selected. These people legally cannot be your Healthy care agent:
• Anyone under age 18
• Your health care provider, unless he or she is your spouse or a close relative.
• An employee of your health care provider, unless he or she is your spouse or a close relative.
A medical power of attorney can be set up with criteria to change your Health Care Agent under certain conditions, such as divorce. Most states have laws in place to control how a medical power of attorney is carried out. This can include defining when the power of attorney takes effect. Many states require the agreement of two doctors that you are no longer able to make decisions for yourself before your Agent can step in.
Once you have selected your Health Care Agent, be sure to sit down with him or her and talk through the decisions you authorize him to make. Share your Living Will and other advance directive documents with him. And make sure your family and doctors know who you have chosen to speak for you.
Sources:
Aging With Dignity: Five Wishes
American Bar Association
American Academy of Family Physicians