When you appoint someone as your medical power of attorney, often referred to as a healthcare proxy, you are ceding to that individual the authority to make medical decisions on your behalf in case you are unable to. In most cases, you will make the selection and designation before the triggering event. For example, you may decide that your spouse will be your healthcare proxy years or decades before you need them to act. In many states, your medical provider will request that you assign a healthcare proxy before routine medical procedures, including minor surgery. In other cases, the facility might ask for a designation from individuals approaching their senior years.
What can a healthcare proxy do?
The person to whom you grant a medical power of attorney will make healthcare decisions for you when you cannot. For example, if you are unconscious, the proxy will decide what immediate care to authorize. Alternatively, if you are mentally incapacitated, the proxy will assume control over all care until you regain capacity or pass away. Some examples of decisions that the healthcare agent can make are:
- Emergency treatment (like surgery)
- Mechanical ventilation
- Resuscitation
- Pain medication
- Tube feeding
- Provider selection
- Organ donation
It’s essential to select a person who is willing and able to make tough decisions and stand by them. The proxy may have to advocate for your wishes. They should follow the preferences you have specified in a document, like an advanced directive or living will. Each of these documents describes your wishes regarding end-of-life treatment, extraordinary measures, and more. The person with your medical power of attorney will interpret and communicate your expressed preferences.
What if my spouse disagrees with the proxy?
Sometimes a spouse or partner is granted power of attorney, but this is not always the best course. For example, if you are incapacitated simultaneously, such as by a vehicle accident, your spouse won't be able to assume the proxy role. Also, sometimes your partner is too emotional to make rational decisions or even abide by your expressed wishes. Therefore, it might be better to designate someone with more perspective. However, the least-preferred option is to avoid appointing a proxy due to indecision about the best choice. Be sure to discuss the appointment with the selected individual before formally recording the choice.
Can anyone override the decision of my POA?
It’s not easy in most situations for anyone other than a competent principal to override a decision made by your designated agent. If you name a POA and later decide that person is not the best choice, you can always revoke the designation and choose a different person or add a backup. But once you cannot act on your own, the proxy holds the authority.
Family members or close associates may disagree with the agent’s decisions, but they have no standing. However, sometimes those relatives or friends may seek the support of a court in overturning the decisions of a proxy or having the individual removed entirely. Courts will require evidence of neglect or exploitation to support such a move.
As with any grant of authority, it’s smart to periodically review your medical power of attorney designation and consider whether the person so empowered is still the best choice.
This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice meeting the particular investment needs of any investor.
Realized does not provide tax or legal advice. This material is not a substitute for seeking the advice of a qualified professional for your individual situation.
