Understanding the Medical Powers Of Attorney

KEY TAKEAWAYS 

• Medical POA lets someone make healthcare decisions for you if incaphealth care decisions for yourself
• health care decisions for yourselftor decyou, a you unable to make your own healthcare choices
• Notarization of A Medical POA ensures legal verification and wider acceptance

What happens if you become seriously ill or injured and can't make healthcare decisions for yourself?

A medical power of attorney (POA) allows you a health care agent, to make health care decisions on your behalf

a health care agent, to make health care decisions on your behalf explore this essential document in depth.

1. What is a Medical Power of Attorney?

A medical power of attorney (POA) is a legal document that lets you select a person, called a healthcare agent, to make healthcare decisions on your behalf if you're unable to do so.

It provides someone the authority to carry out your medical care wishes.

A medical POA is also known as a healthcare proxy, healthcare power of attorney, or durable power of attorney for healthcare. 

No matter what it's called, this document gives your chosen agent the power to act as your healthcare representative.

2. When Does a Medical POA Take Effect?

Your medical POA goes into effect only when your doctor declares in writing that you're unable to make your own healthcare decisions or unable to communicate your wishes.

This usually occurs if you're comatose, near the end of life, or have late-stage dementia.

The person you appoint then has immediate legal authority to start making medical choices for you based on your written instructions.

Your medical power of attorney document ceases once you can resume making healthcare decisions independently.

3. What Medical Decisions are Covered by a POA?

The types of healthcare decisions your designated agent can legally make on your behalf include:

• Choosing medical providers and facilities for your care
• Deciding on medications and treatments you'll receive
• Determining whether you should have surgery
• Making choices about feeding tubes or other life support measures
• Deciding on do not resuscitate (DNR) orders
• Ensuring your comfort, quality of life, and pain management

Essentially, your agent can make any healthcare choice you would normally make for yourself, strictly adhering to your preferences.

4. Who Should You Appoint as Your Healthcare Agent?

When granting someone medical power of attorney, choose an agent you trust unconditionally to honor your wishes and act in your best interest.

Often people select their spouse, a family member, a close friend, or a member of their religious community.

You can appoint multiple agents as backups too in case your first choice is unable to serve.

No matter who you choose, make sure your healthcare agent understands your values and preferences and is willing to carry out this solemn responsibility to make medical decisions for you.

5. How to Choose the Right Medical POA Healthcare Agent

Think carefully when selecting your medical POA healthcare agent, as this person will make crucial life and death decisions for you. Key factors to consider include:

• Someone who knows your healthcare wishes
• A person located geographically close to you
• Someone assertive enough to stand by your wishes
• A healthcare agent willing and able to serve in this capacity
• Someone younger than you who can make long-term decisions

While family members are common choices, pick someone you genuinely trust who can handle the responsibility and will respect your preferences.

6. The Importance of Notarizing Your Medical POA

Once your medical POA document is complete, it's highly recommended to get it notarized.

Notarization provides legal verification of your signature and identity and ensures third parties like doctors will accept it as valid.

Follow these key steps to notarize your medical power of attorney:

• Fully prepare the document but don't sign it yet.
• Find a notary public online or in your community.
• Verify your ID with the notary public.
• Sign the document in the notary's presence.
• The notary will stamp the document and sign it.
• You'll receive the notarized medical POA.

7. Notarize Your Medical Power Of Attorney With NotaryLive 

To get your documents notarized with an online notary, you can utilize a platform like NotaryLive. NotaryLive is a trusted online notary service that enables individuals to have their documents notarized remotely through video conferencing.

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8. States That Don't Allow RON for POAs

**It's also good to keep in mind the few states that DO NOT allow RON for POAs: 

• Louisiana: Use of RON for POA's is not allowed per the Secretary of State.
• Mississippi: Use of RON for Durable POA is not permitted per the Secretary of State.
• New York: NY's Electronic Signatures and Records Act specifically exempts POA's from the application of RON.
• Oregon: The Secretary of State advises that RON is not authorized for POA's.
• Pennsylvania: Guidance prohibits the use of RON for POA's.
• South Carolina: Guidance advises that RON is not allowed for Healthcare POA's.
• Wisconsin: Statute requires in-person witnessing for POA's and does not authorize remote processes

FAQ For Medical Power Of Attorney

• What are the differences between a Medical Power of Attorney and a Living Will? 
  •  Living Will expresses preferences regarding life-prolonging medical treatments and applies when a person is incapacitated and unconscious.
  • Medical Power of Attorney (POA) appoints an agent to make healthcare decisions and it takes effect when someone cannot make decisions for themselves.
• Is Medical Power of Attorney responsible for bills?
  •  No, the POA is not directly responsible for bills. Their role is healthcare decision-making.
• Can Medical Power of Attorney keep family away? 
  •  No, the POA does not have that power. Their focus is on medical decisions.
• When does Medical Power of Attorney take effect?
  • It takes effect when you are incapacitated and unable to make decisions.

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**Legal Disclaimer We are not lawyers or attorneys and do not give any legal advice. Please check with your attorneys, advisors, or document recipients if you have any unanswered questions about your documents.**

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