Does a Medical Power of Attorney Need to be Notarized?

A medical power of attorney (often referred to informally as a healthcare proxy and formally as a Durable Power of Attorney for Healthcare Decisions) is among the most commonly used POA types. As with any POA, a medical power of attorney is a grant of authority from one person to another. In this instance, the grantor confers to the agent the authority to make medical decisions on the grantor’s behalf when they cannot do so.

Unlike some other POA grants, a medical POA usually does not take immediate effect when granted. Instead, it remains dormant until the grantor can no longer make or express their wishes for medical care. At that time, the person to whom they granted the power would take over decisions such as:

•       What treatment to accept, including surgery.
•       What medications to allow.
•       End-of-life options including life support, CPR, intubation, and extraordinary measures.

The person designated as the POA also can discuss the patient's health and treatment options with medical providers and determine the appropriate living arrangements for the grantor.

Each state controls the oversight of POA grants.

Each state retains the authority to govern the creation and registration of all POA grants, including healthcare. In many states, a notarization is preferred but can be replaced by two witnesses. However, a notary is required for identification verification in Florida, Iowa, Kansas, Kentucky, and North Carolina.

In some states, notably California, granting medical power of attorney also requires the grantor to file an advanced directive, sometimes called a living will. This document provides details about the grantor’s preferences, which would inform the agent’s actions. For example, an advance directive may provide insight into the grantor’s preferences concerning:

•       Assisted ventilation
•       Tube feeding
•       Resuscitation
•       Pain management
•       Response to diagnosis

When does an MPOA take effect?

A Medical Power of Attorney (MPOA) typically becomes active when the grantor is incapacitated. The cause might be medical, such as a stroke or other debilitating event, or as the result of injuries, as in a vehicle crash. The MPOA grant remains in effect until the grantor either recovers capacity or dies.

Is it important to have a Medical Power of Attorney?

Naming an agent for healthcare decisions is essential. If you do not have a designee, the hospital will decide whom to consult, and their choice might not mirror your preference. Furthermore, the conflict may require judicial intervention if you have no designation and close relatives disagree about the appropriate care. Many hospitals promote the use of advance directives and medical POA grants. Experts in the field recommend that grantors discuss the POA with their designated agent when they confer authority and then on a regular schedule afterward. Also, consider updating the POA at least every ten years or more often if your health or family situation changes.

If you designate your spouse as your agent, it’s vital to name a backup. One reason is that you and your spouse might both be incapacitated simultaneously if the cause is an accident. Another good reason is that your spouse may not be emotionally capable of making difficult choices. Therefore, some people prefer to name a trusted family member with a balanced perspective.