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Frequently Asked Questions (FAQ)
Does Spouse Automatically Have Medical Power of Attorney?
If a married person has entered an incapacitated state and has not executed a medical POA, health care decisions surrounding that individual will generally be assigned to their spouse.
Does a Durable Power of Attorney Cover Medical Decisions?
The word “durable” means that a document will continue to be in effect even after the executor becomes incapacitated. Although a medical POA is technically durable, the term “durable power of attorney” is generally more associated with a POA geared towards financial decision-making. These forms are usually executed separately as they offer different benefits, so it is best not to assume that a document with this title will cover medical decisions.
Can a Medical Power of Attorney Override a Living Will?
A living will serves the purpose of relaying one’s desires regarding health care at the time of critical condition. When both a medical POA and living will are completed (commonly done using an advance directive), the declarations made by the principal will generally overrule the input of the agent assigned in the medical POA. The agent’s role in this situation is to only manage decisions that were not accounted for in the living will.
When Does Medical Power of Attorney Take Effect?
Usually, only once the principal is unable to communicate their own health care preferences. That being said, there are less frequent instances where an agent can act for the principal medically even if they have the capacity to act for themselves, it all depends on the structure of the document.
Is the Agent of a Medical Power of Attorney Responsible for Health Care Bills?
No. Any costs associated with the principal’s medical care will go through their insurance or a person in charge of their finances.
Who Makes Health Care Decisions Without a Medical Power of Attorney?
If someone does not have a medical POA in place and ends up hospitalized and unable to function, the decision-making rights regarding their health care will be reverted to their spouse or next of kin.
Why Do I Need a Medical Power of Attorney?
No one technically needs to execute a medical POA, it is a precautionary measure taken to ensure that someone you trust will be handling your medical decisions for you when you cannot. A living will is also another great option that can be executed with or without a medical POA that basically allows users to record their own wishes regarding health care treatment at the time of incapacity.
Does a Medical Power of Attorney Expire?
As a general rule of thumb, a medical POA does not expire as long as all parties involved wish to continue the arrangement. That being said, here are a few instances where the document could cease to continue:
- Revocation – If the principal no longer wishes to grant their agent the authority to act on their behalf, they can revoke it at any time by delivering the proper notice.
- Expiration Date – Although rare, the executor of a medical POA can supply the document with an expiration date.
- Agent Resignation – The assigned agent notifies the principal that they no longer wish to serve their role.
- Death – Upon the death of the principal, the instrument will automatically terminate.
Can You Have More Than One Medical Power of Attorney?
This depends on the state in which the principal resides. Some states will allow multiple individuals to be appointed as health care proxies and work concurrently. Grantors may also have the ability to appoint “successor agents” who are appointed individuals that will receive the powers of the original attorney-in-fact should they rescind their authority.
How Do You Activate a Medical Power of Attorney?
Simply by furnishing the form with the requisite information and signing it as compelled by law. (Executors should notify the individual they appoint along with their primary care physician.)
How Do You Revoke a Medical Power of Attorney?
In order to make sure you are properly revoking the authority granted in a medical POA, terminating parties should fill out and sign a revocation form. Once completed, it should then be delivered to any relevant parties and institutions.
Sample Medical Power of Attorney
Download: Adobe PDF, MS Word (.docx)
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