How To Change a Medical Power of Attorney

Power of Attorney (POA) is a universal term that can refer to different grants of authority. Often a POA designation is made to facilitate one person representing another in business, financial, and legal matters (although the person granted a POA is typically not an attorney). However, perhaps the most common usage of POA is for medical and healthcare purposes. In many cases, the grant is called a healthcare proxy, and every state has some regulations covering this special-purpose declaration.

In several states, the designation of a healthcare proxy is requested when patients face severe diagnoses or receive other medical treatments. In some, the declaration must be accompanied by an advance medical directive, which outlines the patient’s preferences for treatment, including end-of-life decisions.

Is there a standard for medical power of attorney authority?

While every state can regulate the creation, submission, and revocation of POA grants, more than half have adopted the Uniform Power of Attorney Act (UPOAA), which offers a standard for the composition and granting of these designations. The spread of the UPOAA throughout the states helps standardize other kinds of POA grants but excludes use for healthcare proxies.

However, the American Bar Association (ABA) Commission on Law and Aging offers a simple guide to healthcare proxies. This POA form designates a person to make decisions but does not include specific instructions about potential medical treatments, as an advance directive does. The ABA states that research demonstrates that when healthy people express their preference for possible end-of-life choices, the instructions are often unhelpful when needed. The obsolescence can be due to medical advances or the vagueness of the instructions.

What is a medical power of attorney?

Similar to other POA designations, a medical power of attorney or health care proxy allows one person to make decisions on behalf of another. The grant is limited to healthcare matters and is only triggered when the grantor cannot make decisions for themselves. Commonly, the grant could be activated if the grantor is unconscious or mentally incapacitated. The person who is designated as the healthcare proxy will need to be prepared to make decisions about medical treatments and end-of-life decisions.

How do I designate or change my medical power of attorney?

Every state has a protocol for granting medical power of attorney and indicating when and how the grant takes effect. As long as the grantor is capable, they can revoke or change the designation. In some contentious situations, the non-empowered family or associates of an incapacitated person may seek to override the agent's decisions or to have their authority terminated. Typically, your primary medical provider or hospital can direct you to the forms necessary for granting, changing, or revoking the grant.