Health Care Power of Attorney

Appointing Your Voice: The Health Care Power of Attorney

What happens if you are in an accident or suffer a medical emergency and cannot speak for yourself? Without a legal document in place, even your closest family members may not have the authority to make critical medical decisions on your behalf. Family dynamics can be complex, and in the absence of clear instructions, the person legally recognized as your next-of-kin may not be the person you would have chosen to speak for you.

A Health Care Power of Attorney (HCPOA) is the legal document that allows you to take control of this situation.

What is a Health Care Power of Attorney?

A HCPOA is a document in which you appoint a person, known as your Health Care Agent, to make medical decisions for you if and when you are unable to communicate your own wishes. As long as you are conscious and can understand your situation, you are always in charge of your own medical care. Your agent only steps in when a doctor determines you cannot effectively communicate for yourself.

Choosing Your Agent: A Decision of Trust

The person you appoint as your Health Care Agent should be someone you trust implicitly to make sound decisions. Their legal duty is to make the choices they believe you would make for yourself, not what they would want for you. This is why having those difficult but necessary conversations with your chosen agent is so important—they need to understand your values and wishes regarding your health.

If your agent does not know what you would want in a specific situation, their responsibility is to act in your best interest.

The Importance of Broad Authority

When we draft a HCPOA, we typically grant very broad authority to the agent. Limiting their power can be a mistake, as it may unintentionally prevent them from making a necessary decision in an unforeseen circumstance. However, the document can and should be customized to include specific instructions that are important to you based on your personal or religious beliefs, such as instructions regarding blood transfusions or autopsies.

Don’t Wait Until It’s Too Late

If you wait until you need a Health Care Power of Attorney, it may be too late to sign one. This foundational document is a critical part of every adult’s estate plan.

Schedule an appointment with one of our attorneys to get your HCPOA and all of your essential planning documents in place.