A medical power of attorney is also known as a healthcare power of attorney. It gives someone legal authority to act on your behalf. In the contract, you are called the principal, and the person you designate to make decisions for you is called a proxy, an attorney-in-fact, or a healthcare agent. When the medical power of attorney is activated, they can decide for you on medical-related matters, including treatment options, medical procedures, etc.

Financial Power of Attorney Versus Medical Power of Attorney

These two contracts are also called advance directives, and are usually created separately. Most of the time, the principal designates two different proxies for each power of attorney. 

The proxy whose name appears in the financial power of attorney can make all decisions relating to the principal’s financial matters, as far as the contract permits. On the other hand, the healthcare agent whose name appears on the medical power of attorney, will take care of all medical-related concerns as stated in the contract.

How a Medical Power of Attorney Works

When you become too ill to act on your own or make your own decisions, it will activate your medical power of attorney if you have one. You now give power to your healthcare agent to take your life and death matters into their hands, making the decisions for you. 

As the principal, you will be the one to dictate the power and limitations your healthcare agent will have for you. All your other medical-related wishes and directives should be stated in your medical power of attorney. You can also incorporate your moral, religious and ethical insights and values that you believe are important and worth including in the contract.

When Will You Need a Medical Power of Attorney

No one can tell you when you will need a medical power of attorney. And hoping you won’t need one in the future is no help as well. The best time to draft a medical power of attorney was yesterday, but it’s not yet too late to do it today. It’s like giving yourself the peace of mind that whatever happens to you, someone you trust will step up and make the important decisions on your behalf, when you can’t anymore.

The Value of Having a Medical Power of Attorney

Not all people are open to the idea of drafting or creating their medical power of attorney. If you’re one of them, maybe you’re not comfortable with the thought that someone will be making the decisions for you in the future. You might find it hard to swallow because you know that it will greatly impact not only your own life, but the lives of your family as well.

Below are some ideas that might convince you to consider drafting your medical power of attorney today.

An Act of Love

Getting ill to the point of not being able to decide for your own life can be hard, not just for you, but for your family as well. Don’t make them make the hard decisions for you. 

The fact that you are in that state of health is hard for them as it is. You don’t need to leave them with the endless thoughts of what-ifs. Save them from the added stress with medical power of attorney.

Take Care of Yourself in Times That You Can’t Anymore

Maybe it already happened to a relative or you saw it in a movie. Fact is, being sick and disabled is doubly hard. Imagine being alive but without the ability to move and speak. You can’t voice out your feelings and opinions even on your own personal matters. Or how about being unconscious or in a coma? Don’t wait for it to happen to you and hope to come out of it alive. Make sure to communicate with your physicians through someone else, with a medical power of attorney.

Death and Peace of Mind

Although no one wants to think about them dying early, it will be comforting to think that it is still possible to fulfill your wishes even on your deathbed. Have a say on your life until your last breath, with a properly made medical power of attorney.

What to Consider in Making a Medical Power of Attorney

When drafting your medical power of attorney, make sure that it is durable. Courts usually assume that a medical power of attorney is durable by default, but it will be better to state it in the contract anyway. A durable medical power of attorney means that your healthcare agent’s power to decide for you continues in the event that you become incapacitated.

Be careful who you choose to act on your behalf. You are not limited to choosing your spouse, a friend, or a relative. You can designate whomever you like as long as you fully trust them with your life. 

Let them know that you are considering them as your healthcare agent to check if they will be willing to just in case the need arises. Better yet, let them join you while you draft the medical power of attorney, ensuring they will not be surprised by the details and conditions you have included in the contract.

You can designate the same person as your proxy for both medical and financial power of attorney. But designating two different people will be best to avoid one person being burned out with all the decisions they have to make for you. It will also ensure that your wishes and conditions will be properly fulfilled and executed if you have two people working separately on different matters in your life. Don’t forget to choose someone living near you or within the area to ensure that they can properly attend to the demands of the contract. 

Consult a Professional

To make sure that everything will be taken care of, consult a professional instead. 

Talk to a lawyer to help you draft your medical power of attorney. Tell them all the details that you want to be included in the contract. Remember, you can easily amend it to add conditions, or to change your proxy. Don’t worry, no medical power of attorney is final until it is activated.

Hire Warner and Warner Attorneys at Law

Warner and Warner is one of Orlando’s top-rated law firms. We can help you with your medical power of attorney. Call us right now at 321 450 7928 or contact us through our form.

About The Author

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Debbie Warner

Debbie Warner is a managing partner at Warner & Warner, specializing in complex personal injury, wrongful death, medical malpractice, and nursing home negligence/neglect cases. She is a top-rated trial lawyer known for ethical and aggressive representation and compassionate approach to clients. Debbie received her law degree from Florida State University College of Law in 1998 and has since obtained numerous verdicts and settlements of over a million dollars. Debbie is a member of the American Justice Association, Florida Justice Association, Central Florida Trial Lawyers Association, Orange County Bar Association, Seminole County Bar Association, and the Seminole County Inns of Court, and Seminole County Florida Association for Women Lawyers.

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