How to Revoke a Medical Power of Attorney

Power of Attorney (POA) is a legal term that means you are allowing someone else to act on your behalf. A person can employ several types of POAs, including a medical power of attorney, sometimes also called a healthcare proxy. With a medical power of attorney, the person making the designation (principal) names someone else (agent) to act on their behalf if the principal can no longer do so due to physical or mental incapacity.

What is covered by a medical power of attorney?

Typically, a medical power of attorney enables the agent to make any necessary medical decisions for the principal, including:

•       Choosing your medical providers
•       Accepting or declining treatment, including surgery and medication.
•       Choosing between possible treatment options
•       Making end-of-life decisions

When is a medical POA in effect?

A medical POA is usually triggered when the principal becomes incapacitated. For example, if the grantor becomes unconscious or mentally unable to make decisions, the authority will pass to the POA designee.

How do I grant a medical POA?

Each state has the individual authority to oversee the process and usage of powers of attorney. Several states require that a medical POA be accompanied by a healthcare advance directive, which specifies the principal’s preferences for care. However, the American Bar Association (ABA) recommends a simple approach that doesn’t include much detail for medical authority. The reasoning the ABA puts forth in support of the simplified form is that it finds in many cases that advance directive instructions are no longer relevant by the time they are needed.

One effective way of ensuring that you use a POA form that meets the requirements of the state in which you reside is to ask for information from the medical provider you typically use and trust. Also, you can seek information from your state medical association.

Who should I choose to be my healthcare agent?

Often, people choose a spouse or other relative as their medical care designee. This selection makes sense because that person may know the principal well and be able to express their wishes easily. However, a close relative may also be challenged by some of the emotional requirements of the role, especially if they must make end-of-life decisions. Therefore, consider these requirements when choosing your POA agent:

•       They must be at least 18 years old.
•       They should know what makes your life meaningful.
•       They should understand your religious and moral values.
•       They should be prepared to do what you would want, not what they want.
•       They should be able to make difficult decisions under stressful circumstances and potentially without regard to pressure from others.
•       They should be capable of requesting and understanding relevant medical information.

How can I change my medical POA designation?

Suppose you change your mind regarding the appropriate choice for your healthcare agent. In that case, you can typically revoke the grant of authority with another simple form similar to the one you employed to establish the agency. Both the designation and revocation of a power of attorney must be witnessed and often also requires the certification of a notary public. In any case, the principal making or revoking the authority must be capable of doing so.