The Basics of a Health Care Power of Attorney

Oct 28, 2011  /  By: Geoffrey H. Garrett, Estate Planning Attorney  /  Category: Health Care Directives, Powers of Attorney

A power of attorney is the next best thing to a magic wand.  Within a power of attorney, you authorize a trusted loved one to make decisions on your behalf.  A health care power of attorney authorizes your agent to make medical decision, if you cannot.

  • If you’re age 18 or older, you need an up-to-date, comprehensive health care power of attorney.  Your document might be called a “medical” power of attorney; it’s the same thing.
  • When you execute a health care power of attorney, you are referred to as the “principal.”
  • The trusted helper you name to help you is called an “agent.”
  • Always ask permission from your potential agent before naming him.  During that conversation, explain the duties of a health care agent.
  • Always name back-up agents as well, in case your chosen agent is unwilling or unable to serve.
  • Important characteristics of an effective health care agent include love for you, confidence in communicating with medical personnel, and ability to deal with stress and medical issues.
  • Your health care power of attorney will be effective when you are unable to give informed consent; it’s not effective immediately, only when you need it.
  • Examples of agent duties include hiring and firing doctors and other medical professionals, consenting to a blood transfusion or surgery, choosing a medical facility.
  • If you have a living will or organ donation authorization, your agent is bound to uphold these documents as they are advanced directives; you are either providing or withholding informed consent in advance for some time in the future.
  • You also need a HIPAA release.  Your health care power of attorney may include the HIPAA release or it may be a separate document.
  • The HIPAA release authorizes your medical personnel to communicate with your health care agent.

If you or your loved ones don’t have an up-to-date, legally valid health care power of attorney, consult with a qualified estate planning attorney.

Byrd : Garrett, PLLC is a member of the American Academy of Estate Planning Attorneys.

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