ContractsCounsel Logo

Medical POA

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 10,572 reviews
No Upfront Payment Required, Pay Only If You Hire.

Jump to Section

A Medical POA or Power of Attorney is a legal document allowing a person, the principal, to appoint a healthcare proxy, to make medical choices on their behalf. These decisions encompass various aspects, such as treatment options, surgeries, medications, and end-of-life care. The person you appoint as your proxy or healthcare agent remains accountable for making these determinations on your behalf.

In addition, unpredictable events, such as sudden illnesses or injuries, can occur without warning. However, you can select a trusted individual who can make critical decisions on your behalf when you cannot do so by having a medical power of attorney in place. Moreover, many individuals prefer to draft a long-lasting medical power of attorney, providing enduring authority to their representative, even when they cannot express their own desires.

How a Medical POA Works

A medical power of attorney is generally used in cases of severe medical conditions. Examples of such medical situations that may necessitate the involvement of your medical power of attorney (POA) include:

  • Entering a coma as a result of a brain injury or stroke.
  • Losing the ability to communicate due to illness or dementia.
  • Experiencing a mental impairment that hampers your capacity to make sound decisions.

Also, determining whether you can utilize a medical power of attorney lies solely with a healthcare professional. Moreover, if a doctor confirms your inability to communicate on your behalf, the medical power of attorney notification grants your chosen representative the authority to take necessary actions to ensure you receive optimal medical care according to your preferences.

Upon completing your medical power of attorney and any other advance directive documents, such as a living will, it is important to ensure that your designated caregiver comprehends the document content and retains a copy. Furthermore, it may be prudent to distribute copies of your medical power of attorney document to the following individuals:

  • Your attending physician
  • Close family members of significance
  • The hospital where you anticipate receiving treatment
  • Your legal counsel

How to Create a Medical POA

Here are the steps included in creating a medical power of attorney (POA).

  1. Understanding the Importance of a Medical POA
    • Purpose and Advantages of a Medical POA: A Medical POA is a crucial legal document that grants a trusted representative the power to make healthcare decisions on behalf of an individual, encompassing matters from treatment options to end-of-life care. Its primary objective is to ensure that medical choices align with the person's expressed desires and values when they cannot communicate or decide due to illness or incapacity.
    • Differentiating Medical POA from General POA: Unlike a General POA, which confers broad authority over legal and financial affairs, a Medical POA specifically focuses on healthcare-related decisions.
  2. Selecting the Appropriate Representative
    • Identifying a Reliable Individual: It is vital for the person granting the POA to select a representative they wholeheartedly trust, someone who comprehends their values and will act in their best interest. Engaging in open and honest conversations with potential agents is crucial to verify their willingness and capability to assume this responsibility.
    • Designating Alternate Agents: It is advisable to appoint alternative agents to account for situations where the primary agent is unavailable or unwilling to act when required. Discussing Medical Preferences:
    • Promoting Open Communication: The person granting the POA should have discussions with the designated agent regarding their medical preferences, values, and goals. It is essential to address various scenarios, including end-of-life care, life-sustaining treatments, organ donation, and considerations based on religious or cultural beliefs.
    • Providing Written Instructions: The person granting the POA may consider providing written instructions, such as a living will or advance healthcare directive, to guide the agent's decision-making process.
  3. Creating the Medical POA
    • Seeking Legal Counsel: While it is possible to create a Medical POA without legal assistance, consulting an attorney can ensure that the document is accurately drafted, compliant with local laws, and tailored to the individual's specific requirements.
    • Necessary Information: The POA document should clearly state the full legal names and contact information of the person granting the POA and the appointed agent. It should outline the agent's powers and limitations and any specific instructions or restrictions provided by the person who offers the POA.
    • Witness and Notary Requirements: In some jurisdictions, it may be necessary to have the Medical POA witnessed by two or more individuals and notarized. Adhering to the legal requirements of the specific jurisdiction is crucial to ensure the document's validity.
  4. Ensuring Distribution and Accessibility
    • Sharing Copies with Relevant Parties: It is essential for the person granting the POA to provide copies to the appointed agent, healthcare providers, primary care physician, and any other individuals involved in their medical care upon creating a medical power of attorney. Additionally, it is essential to keep the original document in a secure and easily accessible location.
    • Electronic Copies and Medical Alert Accessories: Keeping electronic copies of the Medical POA is advisable, and considering wearing a medical alert bracelet or pendant indicating the presence of the document can be beneficial.
Meet some lawyers on our platform

Matthew S.

14 projects on CC
CC verified
View Profile

Jeremiah C.

96 projects on CC
CC verified
View Profile

Zachary J.

345 projects on CC
CC verified
View Profile

Sara S.

119 projects on CC
CC verified
View Profile

Why Hire a Lawyer for Your Medical POA

While discussing end-of-life care can make some people uncomfortable, it is highly advisable to plan for medical supervision. It ensures that individuals receive the desired medical attention and prevents others from forcing them into medical treatments they have explicitly expressed a refusal for. Furthermore, proactive planning alleviates the burden on friends and family members who would otherwise have to make these decisions, reducing conflicts when they disagree on the appropriate medical interventions to save or prolong the patient's life.

In addition, hiring a lawyer for your medical power of attorney enables you to create legally binding documents designating a trusted person to act as your representative in case you become incapacitated and unable to make sound decisions. Additionally, a lawyer for your medical power of attorney can guide you in establishing separate orders for financial and medical power of attorney, appointing different individuals to make decisions on your behalf concerning financial matters and healthcare choices, respectively.

Key Terms for Medical POA

  • Executor: An executor is an individual who is legally appointed to carry out the specific instructions stated in a person's last will and testament. In many cases, the executor and the healthcare proxy are separate individuals.
  • Health Care Treatment Directive: This refers to a written document that outlines an individual's preferences regarding healthcare treatment, including end-of-life care, according to the legal framework of Living Will regulations where applicable. However, healthcare treatment directives encompass a broader range of provisions than living wills, as they are not limited to terminal conditions, also referred to as medical directives.
  • Living Will: A living will is a legally binding document that provides instructions on whether life-sustaining treatments should be withdrawn or withheld. Furthermore, living will represent the initial stage of advance directives.

Final Thoughts on Medical POA

A medical power of attorney plays a key part in granting legal authority to another person, your proxy or healthcare agent, to make important choices regarding your medical care. This document provides peace of mind by ensuring trusted decisions can be made in unforeseen circumstances when you cannot advocate for yourself. Also, opting for a long-lasting medical power of attorney further strengthens the authority of your chosen representative in making decisions aligned with your best interests.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

Need help with a Medical POA?

Create a free project posting

Meet some of our Medical POA Lawyers

Darryl S. on ContractsCounsel
View Darryl
5.0 (20)
Member Since:
November 9, 2023

Darryl S.

Founder and Counselor-at-Law
Free Consultation
31 Yrs Experience
Licensed in TX
The University of Texas School of Law Austin

I specialize in contract law and focus on making sure your contract is clear, protects your interests and meets your needs. You can expect fast, straightforward communication from me, making sure you understand every step. With my experience, you'll get a detailed review of your contract at a fair, fixed price, without any surprises. I have over 30 years of business and legal experience that I bring to your project. I graduated from The University of Texas School of Law with High Honors in 1993 and practiced at Texas' largest law firm. I have founded companies and so understand how to be helpful as both a lawyer and business owner.

Michael M. on ContractsCounsel
View Michael
4.9 (291)
Member Since:
September 10, 2022

Michael M.

Free Consultation
Los Angeles, CA
37 Yrs Experience
Licensed in CA

www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and top reviews.

Agnes M. on ContractsCounsel
View Agnes
5.0 (8)
Member Since:
July 13, 2020

Agnes M.

Managing Attorney
Free Consultation
14 Yrs Experience
Licensed in FL, NJ, PA
Florida Coastal School of Law

Agnes Mombrun Geter is the Founder and Managing Attorney of Mombrun Law, PLLC. She is an experienced attorney and is a member of the Florida Bar, New Jersey Bar, and the Pennsylvania Bar. The firm's practice focuses on Estate Planning, Business Law, and Debt Settlement including IRS Debt Relief. The firm's goal is to simplify the law and provide clients with the confidence and information necessary to make their decisions. The firm also provides project-based legal services to other attorneys and law firms, along with assisting as personal counsel and local counsel on legal matters.

Orin K. on ContractsCounsel
View Orin
5.0 (3)
Member Since:
October 24, 2021

Orin K.

Free Consultation
New York
20 Yrs Experience
Licensed in NY
New York Law School

I'm an employment lawyer. I counsel and represent employees in all professions, from hourly workers to doctors and executives, and all in between. I also counsel and represent employers in many aspects of employment law.

Michelle F. on ContractsCounsel
View Michelle
Member Since:
January 24, 2022

Michelle F.

Free Consultation
New York
6 Yrs Experience
Licensed in NY
Touro College Jacob D. Fuchsberg Law Center

I provide comprehensive legal and business consulting services to entrepreneurs, startups and small businesses. My practice focuses on start-up foundations, business growth through contractual relationships and ventures, and business purchase and sales. Attorney with a demonstrated history of working in the corporate law industry and commercial litigation. Member of the Bar for the State of New York and United States Federal Courts for the Southern and Eastern Districts of New York, Southern and eastern District Bankruptcy Courts and the Second Circuit Court of Appeals. Skilled in business law, federal court commercial litigation, corporate governance and debt restructuring.

Steve C. on ContractsCounsel
View Steve
Member Since:
October 26, 2021

Steve C.

Principal | Attorney
Free Consultation
25 Yrs Experience
Licensed in CA
Loyola Law School

I am a corporate and business attorney in Orange County, CA. I advise start-ups, early-growth companies, investors, and entrepreneurs in various sectors and industries including technology, entertainment, digital media, healthcare, and biomedical.

Find the best lawyer for your project

Browse Lawyers Now

Need help with a Medical POA?

Create a free project posting
Family lawyers by top cities
See All Family Lawyers
Medical POA lawyers by city
See All Medical POA Lawyers

ContractsCounsel User

Recent Project:
Power of Attorney Drafting
Location: Texas
Turnaround: Less than a week
Service: Drafting
Doc Type: Power of Attorney
Number of Bids: 2
Bid Range: $145 - $650

ContractsCounsel User

Recent Project:
Need a Durable-All type of POA inclusive POA document and Will or estate planning
Location: Florida
Turnaround: A week
Service: Drafting
Doc Type: Power of Attorney
Number of Bids: 4
Bid Range: $250 - $999
User Feedback:
Absolutely would recommend! Job done well!
related contracts
See More Contracts
other helpful articles

Need help with a Medical POA?

Create a free project posting

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city