Healthcare Power of Attorney: A General Overview
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Quick Facts — Healthcare Power of Attorney Lawyers
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- Clients helped: 11 recent healthcare power of attorney projects
What is a Healthcare Power of Attorney?
A healthcare power of attorney, sometimes abbreviated to HCPA, is a legal document that appoints a person to make healthcare decisions on your behalf in the event that you can no longer make those decisions. Healthcare power of attorney refers to both the document, and the person selected to make decisions.
This is a type of advance health directive and can sometimes be referred to as a healthcare proxy.
Choosing your healthcare power of attorney is a very important decision and should not be taken lightly. If you are ever mentally or physically incapacitated and cannot communicate your wishes, this person has the power to make all your healthcare decisions. This person could be making life-and-death decisions on your behalf so your health care power of attorney should be familiar with you, your wishes, and your religious beliefs.
A person who is named a medical power of attorney or healthcare proxy, can make many important medical decisions for you including:
- Speaking with your doctors
- Preventing or approving treatment or surgeries
- Whether to use artificial hydration and nutrition
- Decisions about organ donation
- Choice of healthcare facility
- Release of medical records
You can appoint anyone as your HCPA or attorney-in-fact, like a family member or friend and you can revoke the healthcare power of attorney at any time.
Read this article to learn more about what it means to designate someone as your healthcare power of attorney.
Reason to Use a Healthcare Power of Attorney
Using a healthcare power of attorney is a very personal decision and people choose to have or not have a HCPA for many different reasons.
For some, knowing that a loved one will make good decisions on their behalf in the event of a medical emergency gives them peace of mind. If someone is terminally ill, they may be able to rest easier knowing that they will be taken care of. This can be very comforting for those who suffering from life a threatening illness and are facing an uncertain future.
Others may choose to not designate a HCPA since they are uncomfortable letting someone else make these important and personal decisions. If a person needs a healthcare representative, and a power of attorney hasn’t been selected, the court can appoint a representative. Knowing that a non-bias third party will be making decisions may be a better option for some people.
Difference Between a Healthcare Power of Attorney and General Power of Attorney
Both a healthcare power of attorney and a general power of attorney grant a designated person the authority to make decisions for you, however, they serve different purposes.
A healthcare power of attorney delegates medical decision-making powers to representative in the event you become incapacitated and cannot make the decisions yourself. For example, if you are in a coma, your medical power of attorney can speak to doctors and approve treatments on your behalf. A medical power of attorney only grants that representative authority over relevant medical decisions.
A general power of attorney on the other hand, grants your representative a large array of decision-making powers. In addition to medical decisions, under a general power of attorney, your attorney-in-fact can also make decisions about property, like buying or selling real estate or financial decisions like bill paying or bank accounts.
Browse some of our Power of Attorney lawyers .
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Types of Power of Attorneys
A medical power of attorney is just one type of power of attorney that can be used. While all power of attorneys designate someone to act on your behalf, they all serve different purposes.
- Durable Power of Attorney: A durable power of attorney allows someone to make all important decisions on your behalf including medical and financial decisions in the event you become incapacitated. This document takes effect immediately after signing and ends at the time of your death. A durable power of attorney can only be rescinded using a revocation of power of attorney form and you must be considered competent to make this decision.
- Non-Durable Power of Attorney: A non-durable power of attorney is much like a durable power of attorney except that this document expires not just at death, but also if you become incapacitated. At that point, a guardian would have to be court-appointed on your behalf.
- General Power of Attorney: This type of power of attorney grants your attorney-in-fact a broad range of powers including the ability to make decisions about bank accounts, real estate, contracts and paying bills. These POAs are usually used for short term periods and end in the event you become incapacitated.
- Limited Power of Attorney: Sometimes called a special power of attorney, this document grants a person authority to act on your behalf for a very specific purpose like cashing a check or signing a real estate document. Once the specific task is completed, this POA expires.
- Springing Power of Attorney: A Springing POA sometimes called a conditional POA will only go into effect of a certain event takes place. This could be a medical condition or sometimes this POA is used when a military member is deployed. This POA can expire at a specified time, at incapacitation, or at death.
Do You Need A Healthcare Power of Attorney and Living Will?
A healthcare power of attorney and living will serve different purposes, so some people do choose to have both legal documents.
A living will only apply if you have a terminal illness or are permanently unconscious. If you are in an accident and are temporarily unconscious, unable to communicate, in a vegetative state, a living will cannot apply to your situation and you would need a HCPA. This is why some people choose to have both options.
When combined, a living will, and a medical power of attorney can work together to make sure you are taken care of if the need arises. Some people have a medical power of attorney and living will in one document, while others use the living will to guide their attorney-in-fact.
A living will can include information like:
- Whether or not to be resuscitated (DNR)
- Whether or not to utilize life support
- If a person would like to die naturally
If you have both a healthcare power of attorney and a living will, your POA can use the living will to make the best decisions for you.
Although you do not need to have both a living will and a medical power of attorney, having both documents in place and a responsible POA chosen is the only way to be certain that your healthcare decisions will be carried out the way you would like.
Check out this article for more information on how living wills and HCPAs work together.
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How to Get a Healthcare Power of Attorney?
Appointing a healthcare power of attorney is generally a very simple process, however each state has their own rules and regulations. You may want to consult a family law lawyer to ensure that your power of attorney abides by all your state’s laws.
To appoint someone as your medical power of attorney you will need to fill out a form that names the person you choose. The form will include information like your name , date of birth , and date of the agreement .
You can also add stipulations about their authority over medical decisions. Most forms will have a place where you can list special requests like a DNR or denial of live extending interventions.
Depending on your state, you may require a witness to be present at signing and the form usually needs notarization as well.
Get Help with a Healthcare Power of Attorney
Do you have questions about a healthcare power of attorney and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from family lawyers who specialize in Healthcare Power of Attorneys.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Meet some of our Healthcare Power of Attorney Lawyers
Jeremiah C.
Jeremiah C.
Creative, results driven business & technology executive with 27 years of experience (17+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.
"Jeremiah was pleasant to speak to and provided high quality work. I appreciate that he took the time to call me personally instead of a paralegal. Work delivered early and high quality! Highly recommend"
Anand A.
Anand is an entrepreneur and attorney with a wide-ranging background. In his legal capacity, Anand has represented parties in (i) commercial finance, (ii) corporate, and (iii) real estate matters throughout the country, including New Jersey, Pennsylvania, Delaware, Arizona, and Georgia. He is well-versed in business formation and management, reviewing and negotiating contracts, advising clients on financing strategy, and various other arenas in which individuals and businesses commonly find themselves. As an entrepreneur, Anand is involved in the hospitality industry and commercial real estate. His approach to the legal practice is to treat clients fairly and provide the highest quality representation possible. Anand received his law degree from Rutgers University School of Law in 2013 and his Bachelor of Business Administration from Pace University, Lubin School of Business in 2007.
"Anand was a pleasure to work with! He was very thorough and professional."
Jane C.
Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.
"Jane was great to work with. She was responsive, thorough, and made every revision I requested without any issues. She took the time to ensure the agreement reflected exactly what I wanted and was very knowledgeable throughout the process. I appreciate all of her hard work and would definitely recommend her to anyone looking for quality legal drafting services."
Kelynn P.
Kelynn was born and raised in Cleveland, Ohio. She attended Spelman College in Atlanta, Georgia where she earned a Bachelor of Arts in Philosophy, and thereafter returned to Cleveland for law school . She earned her Juris Doctor at Cleveland State University - Cleveland Marshall College of Law. She primarily practices insurance defense and civil litigation. She has also practiced in a variety of other areas including family law, contract disputes, contract review, complex civil litigation, medical malpractice, products liability, and mass tort.
"Kelynn P. was excellent. I set up a project to assist my sis in law on a project. Her feedback was as follows: "Kelynn was great. I was on a tight time crunch and in search for an attorney. She quickly got up to speed on the status of the project. She used her expertise to add value and she was patient, listened, and was knowledgeable. She is knowledgeable of the law, negotiations, contracts, terms and conditions, and provides real life examples that provide valuable insight which empower you to strategically make the best decision. In short, Kelynn was instrumental in the resolution of my project. Overall the quality of work was exceptional and she even followed up with me to see how things are going after her scope of the project was completed. She cares about her projects and clients. I recommend Kelynn and if I need anything in the future, I know who to contact and who to recommend. Thank you""
Laura B.
I received my undergraduate degree from Columbia University and my JD from UC Davis School of Law. I specialize in drafting, reviewing, and litigating contracts, general civil litigation, restraining orders, and family law. I have helped entrepreneurs form their business entities and grow their small businesses. This area of my practice has focused heavily on YouTubers, podcasters, and individuals creating unique online platforms. In the family law context, I have helped my clients petition for and obtain custody of their children and modify existing custody arrangements.
"I had the pleasure of working with Laura B. on some recent legal matters, and I genuinely can’t recommend her enough. From start to finish, Laura was professional, responsive, and incredibly efficient. What really stood out to me was how thorough and proactive she was — she didn’t just check the boxes, she went above and beyond to make sure everything was done properly and on time. Legal work can feel overwhelming, but Laura made the entire process smooth and stress-free. She explained everything clearly, answered all my questions promptly, and stayed one step ahead the entire way. I never had to chase her for updates — she was always on top of it, which gave me a ton of peace of mind. It’s rare to find someone who combines legal expertise with such a down-to-earth, approachable style. I felt like I was in really good hands the whole time. I’ll absolutely be working with Laura again for any legal needs that come up in the future, and I wouldn’t hesitate to recommend her to anyone looking for a sharp, dependable, and genuinely helpful attorney."
August 29, 2023
Steven G.
I am an experienced transactional and trial attorney that litigates throughout Ohio. I have successfully tried numerous jury trials for clients from business disputes to those charged with offenses ranging from domestic violence to aggravated murder. My cases have been featured in the media, both television and print.
Joe C.
Born in Dallas, Texas, Joe Craddock represents clients in a range of litigation and transactional matters covering Contracts, Real Property, Oil and Gas, and Construction Defects.
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