How to Get a Medical Power of Attorney

A medical power of attorney (MPOA) is one of several types of power of attorney (POA) designation. Each POA is unique, but in each case, assigning a POA to someone gives them the authority to act on your behalf. Some POA designations are comprehensive and durable, while others are strictly limited. Many people use this tool for financial purposes, but the medical POA allows the designated individual to make medical decisions on your behalf. The authority might be immediate or take effect in the future, typically when the conferring person can’t act on their own.

Each state governs the use of and access to POA designations. Some states require that anyone granting an MPOA must also establish an advanced health care directive or living will to express their end-of-life preferences. However, the American Bar Association created a simple MPOA form to enhance interstate standardization. This version does not include an advanced directive and is valid in most states.

Where can I get an MPOA form?

Almost every hospital offers advance health care directive forms, which include the form required to designate an MPOA. In many states, you can also find the form online, often through the state attorney general's office.

Some states require that any POA be notarized, but in almost every case, there is an option to have two adult witnesses instead of a notary. The handful of states that require witnesses and a notary are Florida, Iowa, Kansas, Kentucky, and North Carolina.

Can my MPOA be different than my general POA?

Yes, the designated person to act as your MPOA will likely differ from a general or financial POA agent. Typically, the MPOA takes effect if you become physically or mentally incapacitated. The person named (your healthcare proxy) retains the authority to make decisions on your behalf until you die or recover capacity.

In contrast, a general financial POA often terminates when you become incapacitated unless noted explicitly as durable. The reason for this limitation is to avoid the POA taking advantage of the grantor’s incapacity.

Who should I choose for an MPOA?

It's wise to consider who you will trust with an MPOA designation carefully. This person may have to make decisions in an emergency medical situation or over a long period. Some of the decisions your MNPOA might have to make include:

• What treatment you will receive.
• Whether you receive ventilation, resuscitation, or tube feeding (sometimes called extraordinary measures).
• What doctor or hospital will treat you.
• What pain medication you will receive.
• Whether you will be an organ donor.

Your spouse may not be the best choice simply because it may be too emotionally challenging for them to follow your end-of-life wishes if that is necessary. However, making any designation can avoid conflict and confusion in an emergency.

What if I am incapacitated without having an MPOA?

Some people assume that if they have not designated an MPOA, their spouse will be entitled to make medical decisions, but this assumption is not always accurate. Different family members may object to the choices made by the spouse, and the matter may end up in court with a judge deciding to appoint a guardian.

Also, if you designate your spouse as MPOA, consider selecting a backup. In an accident, you and your spouse may be unable to act for yourselves or each other. If you designate your spouse, consider someone as backup who can bring a less emotional perspective. Once you make the designation and need the MPOA to make decisions, it's difficult for anyone to overturn their judgment.