What is Medical Power of Attorney Drafting?
A medical power of attorney is a legal document that appoints a trusted person to make healthcare decisions on your behalf should you be unable to do so.
Although it sounds straightforward, it needs to provide clear details, such as regarding exactly what decisions the agent is allowed to make, when their responsibility becomes active, and more.
Read the rest of this article for clarity about medical power of attorney drafting, such as core components to include in it and why you should hire a lawyer to help you with the drafting process.
What are Key Terms in a Medical Power of Attorney?
A medical power of attorney usually includes the following essential information:
- Parties. State who the principal and agent are in the agreement.
- Fiduciary duty. Outline the agent’s legal and ethical obligations so that they act in the principal’s best interests.
- Scope of authority. Explain what healthcare decisions the agent is allowed to make on behalf of the principal.
- Durable power. This states that the medical power of attorney remains effective and legally valid when the principal is incapacitated.
- Springing power. This term means that the power of attorney only takes effect after a qualified physician has verified the principal’s incapacity.
- Revocation. Specify how the principal can cancel or change their chosen agent.
What are Tips for Drafting a Medical Power of Attorney?
A medical power of attorney requires careful consideration and details to prevent challenges or disputes. Here are some things to bear in mind when drafting it.
Take Time to Select an Agent
Make sure you find the right person to become your advocate. They should be trustworthy and understand your values.
Discuss Your Wishes
You need clarity about your wishes before drafting the medical power of attorney. Speak about them openly with your specific agent and healthcare professional, and be specific about a range of medical scenarios that could occur.
Define the Scope
Outline what agent decisions can be made, such as choosing a life-sustaining treatment or deciding on surgery on your behalf. Explain any limitations on the agent’s decision-making authority.
Check Related Documents
You should refer to related documents, such as a living will, to ensure you record your preferences accurately and prevent confusion in future.
Comply with all Legal Requirements
How you draft a medical power of attorney varies in different jurisdictions. The rules can be highly detailed, such as having to include certain words in the legal document. You should ensure you comply with all laws and legal requirements when drafting it. Since this can be challenging to do without a legal background, you can ask a qualified lawyer for assistance.
Update it Regularly
You should review and update the medical power of attorney over time, such as if you have experienced a major life event or your wishes have changed. Identify your current versions to prevent ambiguity.
Should You Hire a Lawyer for Medical Power of Attorney?
It’s worth hiring a qualified lawyer to draft your medical power of attorney. This is because they’ll word everything correctly so that it is aligned with your preferences and legal requirements to prevent challenges.
A lawyer will help you during the drafting of your medical power of attorney by:
- Assisting you with your healthcare representative choice. A lawyer will help you appoint a trusted, reliable person to make medical decisions on your behalf.
- Defining the representative’s decision-making authority. They’ll specify exactly what healthcare decisions the representative has the authority to make and what exclusions apply to the agreement.
- Establishing when the authority becomes effective. They’ll clarify when the representative can act, such as when the principal’s ability is compromised.
- Documenting your preferences. A lawyer will discuss your healthcare preferences with you so that everything is clearly established in the document.
- Coordinating the document with your will. A lawyer will ensure that your medical power of attorney is aligned with other documents, such as your living will, so that you avoid including conflicting instructions.
- Aligning the legal document with legal formalities. A lawyer will advise you on all requirements for signatures, witnesses, and other formalities to ensure the document is clear and legally valid.
- Reviewing the medical power of attorney. If you’ve already drafted a medical power of attorney, you should hire a qualified lawyer to thoroughly review it so that it’s clear and aligned with your wishes.
Where to Find a Lawyer for Medical Power of Attorney
If you need to hire a lawyer to draft your medical power of attorney for you, you don’t have to waste time trying to find one, such as by calling traditional law firms in your area.
Use an online legal platform that makes it easy to access a lawyer for your contract drafting requirements. ContractsCounsel is one of the largest online legal platforms that simplifies the process of connecting with a curated network of lawyers who have been vetted.
To request that a lawyer on ContractsCounsel drafts your medical power of attorney, here are the easy steps to follow:
- On your device, go to the ContractsCounsel marketplace.
- Select ‘One-time project’ and ‘Create or update contract.’ If you’ve already drafted the document, select ‘Contract review’ for a lawyer to review it for you.
- Post your project for free. Include some details of what you require so you can match with the most suitable lawyers.
- Wait for lawyer bids. Instead of searching for lawyers, lawyers directly on the platform will send you bids to work on your project.
- Review the platform’s lawyer data. This information includes the lawyers’ location, field of expertise, credentials, years of experience, and client ratings for projects they’ve previously completed on the platform.
- Choose a lawyer. Hire them to draft your medical power of attorney for a flat fee.
