What is Healthcare Power of Attorney Drafting?
A healthcare power of attorney is a legal document that allows you to appoint a person, or agent, to handle your medical decisions if you don’t have the ability to communicate your wishes.
When drafting a healthcare power of attorney, you should follow specific rules to ensure it’s clear and legally sound to avoid disputes.
Read the rest of this article to learn what key terms should be included in a healthcare power of attorney, how to draft it, and how hiring a lawyer can help you.
What are Key Terms in a Healthcare Power of Attorney?
There are specific terms you’ll find in a healthcare power of attorney. These include the following:
- Principal. This is the person who is creating the document and giving their agent authority to make their healthcare decisions for them.
- Agent. This specifies the agent you’ve appointed to make your healthcare decisions. You can also specify an alternate agent in case your primary one is unable to perform.
- Scope of authority. This specifies exactly what authority your agent has, such as authorizing medical treatments or procedures.
- Organ donation. Explain your wishes regarding organ donation so that your agent knows what you would like to happen after you pass.
- Durable power of attorney. This clause states that the power of attorney is valid after the principal is incapacitated.
- Living will. This document is related to the healthcare power of attorney, and might be mentioned in it, because it specifies what medical treatments the principal wants or doesn’t want.
- Signatures. The principal will sign and date the document.
- Witnesses or notarization. Witnesses’ signatures and notarization might be required, depending on your state.
What are Tips for Drafting a Healthcare Power of Attorney?
When drafting your healthcare power of attorney, there are specific details you should include for clarity and to ensure the document reflects your wishes.
Give Your Agent Medical Document Access
Your healthcare power of attorney should include a clause that gives your agent the right to access your medical records. This is required for them to make informed decisions regarding your healthcare and it can also avoid frustrating delays.
Choose an Alternate Agent
Although you might be satisfied with the healthcare agent you’ve chosen, you should always specify an alternate one should the first one not be able to fulfill their obligations. The document should specify that the second agent you’ve appointed possesses the same authority as the first agent to make decisions on your behalf.
Explain the Agent’s Authority
Your agent will have authority to make your decisions on your behalf if you’re unconscious or otherwise unable to express your wishes. You can specify what your agent isn’t allowed to do, such as authorize specific treatments or procedures.
You should communicate your wishes with your agent so that they have a good idea of how to handle medical decisions that you haven’t specifically outlined, bearing in mind that it’s impossible to cover every possibility in your document.
Consider the Type of Power of Attorney
There are two main types of power of attorney documents for healthcare. You’ll want to consider and specify which one is most suitable to your situation.
- Durable power of attorney. This legal document lets you appoint an agent to act on your behalf. It will become effective when the document is completed and apply even if you’re mentally capable of making healthcare decisions.
- Springing power of attorney. This type of power of attorney document will take effect when a doctor confirms that you are unable to make your own healthcare decisions. This is when your appointed agent takes on the authority to make decisions for you.
Comply with Your State’s Requirements
An important aspect of drafting your healthcare power of attorney is considering your state’s specific requirements. These must be followed so that you prevent issues with your doctor or agent not being able to fulfill your medical wishes. For example, you might require witnesses for your document and your state could have strict guidelines for how to choose them.
Consider Your Living Will
Since your living will should include details about medical treatments you would want or not want if you’re incapacitated or in an end-of-life situation, your healthcare power of attorney should be aligned with it. Make sure there’s consistency across both legal documents.
How Does a Lawyer Help You with Healthcare Power of Attorney Drafting?
A lawyer will assist you with drafting a legal and clear healthcare power of attorney so that your interests are protected. Here are some things they’ll do during the drafting process.
- They’ll make the healthcare power of attorney compliant with all laws and requirements in your jurisdiction. This makes it legally enforceable.
- They’ll use clear but legal language to explain your wishes properly. This prevents ambiguity.
- They’ll help you select the best agent who is trustworthy and will assist you in establishing your wishes.
- They’ll outline what your agent is allowed to do and prohibited from doing for clarity.
- They’ll avoid conflicts with other documents, such as your living will, to ensure consistency. This makes it easier for your appointed agents to fulfill your wishes.
- They’ll consider complex medical or family situations. Since every situation is different, an experienced lawyer can assist you in customizing your document.
- They’ll help you with executing the document. They’ll know if you need to sign, witness, and/or notarize the document, as well as what your state requires.
Where to Find a Lawyer for Healthcare Power of Attorney Drafting
If you want to hire a lawyer to draft your healthcare power of attorney, you might be uncertain about where to find the best lawyer. Instead of conducting your own lawyer search, which can be time consuming, online legal platforms make it easier to access a network of qualified lawyers.
ContractsCounsel is one of the largest online legal marketplaces that provides access to a network of vetted lawyers. All the lawyers on the platform have expertise and experience to assist you in drafting your healthcare power of attorney so it’s legally valid and prevents disputes.
To ask a lawyer on the platform to draft your healthcare power of attorney, follow these easy steps:
- Go to the ContractsCounsel marketplace and post your project for free.
- Wait for lawyer bids. You’ll receive multiple bids from lawyers on the platform who have the experience to help you.
- Review the lawyers’ profiles. The platform has extensive lawyer data, such as the lawyers’ location, client ratings for previous projects, expertise, and credentials. Go through it to select the right lawyer.
- Connect with a lawyer and hire them to draft your healthcare power of attorney for a flat fee.
