Understanding a Medical Power of Attorney (POA) Rights and Limitations

A sudden injury or illness can strike without warning, leaving you unable to make decisions about medical treatment. A medical power of attorney is a legal document in which you choose a trusted person to make important medical decisions on your behalf if you cannot do so yourself. Therefore, a medical power of attorney (POA) ensures peace of mind for yourself and your loved ones. But there are certain rights and limitations that a medical power of attorney authorizes. This article will help you better understand a medical power of attorney, including what the agent can and cannot do.

What is a power of attorney (POA)?

A power of attorney is a legal document that nominates a person to make decisions on your behalf. Nominating a power of attorney (POA) is a vital part of estate planning. It allows a person to make medical, financial, and other important decisions for you if you are unable to do so. This person is called your agent. It is important to select a person you trust, who will put your interests above their own, and who is willing to accept the responsibility of being your power of attorney.

What does a power of attorney mean in medical terms?

A medical power of attorney is a legal document in which you (the principal) name someone (your agent) to make healthcare decisions on your behalf if a future event leaves you unable to do so yourself. It is an advance directive in which you name a trusted agent to talk to health care providers and make decisions about medical treatments.

Your law firm may recommend making your medical POA durable. A durable power of attorney means your agent will have the authority to act on your behalf even if you cannot speak for yourself or communicate your wishes. Courts frequently assume a medical POA is durable by default, but it is best to mention this explicitly in the document.

Why do I need a medical power of attorney?

A medical power of attorney allows your agent (the nominated person) to make important healthcare decisions on your behalf if you become incapacitated or unable to do so yourself. Nominating a medical POA can ensure you receive timely medical care when you need it.

If you don’t have a medical POA and are unable to make medical decisions yourself, your family would have to go through a court proceeding. The court will appoint a guardian to fulfill these duties. This can result in delays in important medical decisions and treatments.

How do I nominate a medical power of attorney?

The first thing to do is make a valid living will. Then you can nominate a medical power of attorney. Each state has a standard attorney form to do this. Once signed, the document allows your POA to make medical decisions provided certain conditions are met.

What are the different types of POA?

Medical Power of Attorney

This document grants your agent medical powers (the right to make health care decisions).

Financial Power of Attorney

This document specifically gives financial power to your agent, i.e., the power to make monetary decisions. It does not give your agent any control over your health care. You should choose a trusted person with financial acumen as your financial POA because they will have the right to pay your bills, write checks, file your taxes, manage your bank accounts and investments, and buy or sell your assets.

General Power of Attorney

A general power of attorney gives your agent the right to make financial and medical decisions on your behalf. Your law firm may recommend a general POA because of the complex connections between medical care and costs. Having separate healthcare and financial agents can lead to confusion or disagreements about your medical care and how to pay for it.

What are the rights and limitations of a medical power of attorney?

Rights of a Medical Power of Attorney

Some of the rights of a medical power of attorney include:

The right to make healthcare decisions about diagnostics and medical treatments.
The right to decide if you should have surgery.
The right to continue or stop medical treatment.
The right to choose what medications you receive.
The right to choose doctors, caregivers, and hospitals, including choosing between an outpatient or residential health care provider.
The right to make decisions about long-term living arrangements related to medical care, such as placing you in a nursing home or assisted living facility.
The right to make end-of-life medical care decisions, such as cardiopulmonary resuscitation.
The right to open a lawsuit on your behalf and sign necessary legal documents.

Limitations of a Medical Power of Attorney

A medical power of attorney has some limitations. Unless specified, your agent cannot agree to:

Hospitalization for a mental illness.
Electroconvulsive therapy.
Abortion.
Refusing care to keep you comfortable.

Also, your POA cannot:

Transfer the POA responsibility to a new agent without your consent.
Make decisions after your death (the executor of your estate will take over at this point).
Make changes to the terms of the nominating documents.
Make changes or invalidate your last will or other estate planning documents.

Frequently Asked Questions

Why would someone do a specific or limited power of attorney?

A general power of attorney grants your agent broad powers. You can limit your power of attorney by choice. For example, you can include a clause limiting your agent’s financial powers and preventing them from selling assets such as your home.

What are the risks of giving a POA?

A power of attorney gives your chosen agent broad powers. It is given in good faith with the understanding that they will act in your best interest. Your agent can begin acting on your behalf as soon as you sign the POA nomination document.

Make sure you choose a competent adult such as a child, sibling, or other family member you trust. Your agent should have the skills to make financial decisions and health care decisions. It is also important to review the POA documents with a qualified Estate Planning lawyer to ensure you and your agent understand the responsibilities and limitations clearly.

Can I cancel a power of attorney?

Unfortunately, an agent can sometimes take advantage and act against your best interests or go beyond their legal authority. In such a situation, you can revoke the POA, and your agent can be held legally responsible.

Can I make my own decisions after giving a medical POA?

Yes, both you and your agent can act on your behalf unless you are incapacitated. Remember that you will be legally bound to abide by your agent's choices even if you disagree with them. If you feel your agent is overstepping or acting unwisely, you can revoke the power of attorney.

Can you name two agents in a POA?

Yes, you can name more than one agent in your power of attorney. However, this is not recommended because it can create conflict and confusion when important and time-sensitive medical decisions need to be made.

The only exception is for older couples choosing their spouse as a medical POA. In this case, choosing a second agent might be a good idea so that the second agent can step in if something happens to the first agent. Most people name a spouse and an adult child as their medical POA.

When does a medical power of attorney start and end?

You can choose a medical POA that gives immediate healthcare power to your agent. You can also choose to have your agent’s authority become effective in specified circumstances, for example, if you become incapacitated (when a doctor says you are unable to make your own health care decisions). However, there can be legal questions about your capacity to make medical decisions, so it can become challenging.

Your medical power of attorney lasts until an expiration date (if you specify one) until you appoint a new medical power of attorney, or until you revoke your agent’s power. If your medical power of attorney expires when you are incapacitated, it will stay in effect until you can make medical decisions again or until you revoke it.

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