If you are over 18 years of age, it is wise to designate a power of attorney in case something should happen to you, and you are no longer able to make healthcare decisions for yourself. Not sure if you have one already? Sometimes individuals aren’t aware of what documents they have within their estate plans. Occasionally, a document was prepared but never signed or properly executed.
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Healthcare power of attorney
Estate planning is a crucial process for ensuring that your affairs are handled according to your wishes, both during your lifetime and after. While estate planning often includes things like your home, physical assets, and finances, one vital piece that should not be overlooked is your own healthcare.
What is a healthcare power of attorney?
A healthcare power of attorney (POA) permits an individual to appoint someone—an “agent”— to make medical decisions on his or her behalf when the individual is otherwise unable to do so, perhaps due to incapacity or the inability to communicate. Equally important, the POA should include specific permission to the healthcare provider (physician or other caregiver) to discuss protected healthcare information with the designated agent in compliance with HIPAA.
Having a healthcare agent ensures that your healthcare preferences are honored and provides peace of mind in knowing that someone you choose will advocate for your well-being when you cannot. While this may not be top of mind when you’re young, the truth is that most individuals over the age of 18 should consider having this valuable legal instrument.
Example: A college student over the age of 18 residing in another city falls ill and is admitted to the hospital. The parents are notified that their child is in the hospital, but absent the permission granted in a healthcare power of attorney, the physician may not be able to discuss the ailment, condition, severity, or any of the other particulars of the child’s situation with the parents. Imagine the stress these unknowns can place on family members.
Note: Many people choose to give power of attorney to more than one person at the same time. This is often the case with parents naming their children as co-agents. If this is the case, you should indicate whether you wish to have the majority act in the absence of full availability or agreement, as your co-agents may not agree on courses of action. It’s also important to name one or more successor agents in case the person or people you name as agent(s) become unavailable or incapacitated themselves.
Power of attorney for healthcare forms
While there are several types of POAs you could grant (for instance, financial power of attorney, general power of attorney, and non-durable power of attorney), there are primarily two types of POA documents related to healthcare that are recommended:
Durable power of attorney for healthcare
This document allows you to appoint someone to make healthcare decisions on your behalf. It goes into effect immediately upon completion of the document (not necessarily during a medical emergency) and applies even if you are still mentally capable of making your own decisions.
Springing power of attorney for healthcare
This type of POA “springs” into effect only after a doctor verifies that you that you are incapacitated and no longer capable of making healthcare decisions. At that point, your designated agent will be given the authority to act on your behalf.
For estate planning purposes, a durable power of attorney for healthcare is often recommended instead of a springing power of attorney because the process of determining whether you’re incapacitated isn’t always straightforward. For example, if you develop dementia, it may not be clear whether you can manage your affairs.1
Note: Regardless of the type of POA you choose, it will become null and void once you pass away.
Choosing a healthcare agent
Choosing a healthcare agent to carry out your power of attorney is a personal decision, and it’s important to select someone who you believe will act in your best interests and respect your wishes regarding medical treatment and care. Here are some qualifications you might consider:
- Select someone you trust implicitly to act in your best interests and honor your healthcare preferences.
- Choose a person who understands your values, beliefs, and healthcare wishes, as they will be responsible for making decisions on your behalf.
- Ensure that the person you choose is willing and able to fulfill the responsibilities of being a healthcare agent, including being available to communicate with healthcare providers and make timely decisions.
- Consider choosing someone who lives nearby or is easily reachable in case of emergencies or medical situations.
- Ensure that the person you select is of legal age and mentally competent to act as your healthcare agent.
- Have open and honest conversations with your chosen healthcare agent about your healthcare preferences, values, and any specific instructions you want them to follow.
Creating a power of attorney for healthcare
An attorney is the best option for having a document prepared in compliance with state law, as well for ensuring proper formalities in execution. Many states have adopted electronic-notarization standards that enable you to get documents notarized remotely.
Most states also include a “statutory form” document that can be taken straight from the state statute (usually available online), and which serves as an acceptable power of attorney in most respects. In fact, most forms provided from attorneys use such language verbatim. The American Bar Association website has a potentially useful summary of state healthcare power of attorney statutes here: State Health Care Power of Attorney Statutes.
Speak to a financial professional
It's always wise to plan for potential health and life issues that may arise in the future. Speaking with a financial professional can provide invaluable guidance in navigating the complexities of estate planning and help ensure that all your healthcare wishes will be accounted for.
Healthcare power of attorney FAQs
- Is the agent geographically near and able to meet with physicians in person?
- Is my agent aware of the appointment and do they understand the responsibility involved?
- Have I discussed any specific healthcare wishes with my agent?
- Does my agent have an actual copy of the POA, or know where it is located?
Married couples usually designate each other as primary agent, but they could become ill at the same time, necessitating a successor. So, it is always wise to designate a successor, just in case.
Parents frequently name children collectively to serve, but disagreements can create tension and conflict. It’s up to you to decide whom you choose, but you can make stipulations in your contract should disagreements arise.
Agents with power of attorney should be at least 18 years old.
Yes. Many documents include space for a principal to indicate certain specific healthcare wishes that may be unknown or counterintuitive to the designated agent.
Many documents also include default “living will” checkbox options stating the principal’s wishes regarding life-sustaining treatment in case they are in a terminal condition or persistent vegetative state. Of course, it may make sense to grant the agent the power to choose the physician who makes such designations as well.
Neither New York Life Insurance Company nor its agents provide tax, legal, or accounting advice. Please consult your own tax, legal, or accounting professional before making any decisions.
1“5 Types of Power of Attorney, Explained,” June 11, 2021. Freewill.com