A healthcare power of attorney or healthcare proxy empowers someone to speak with and make decisions about another person’s medical condition, care, and treatment.
A healthcare power of attorney, sometimes called a healthcare proxy, is a legal title allowing you to empower a trusted person to make medical decisions on your behalf.
This can make up part of your living will, which specifies your wishes in the event you’re unable to communicate them due to a medical condition or injury.
A healthcare power of attorney helps ensure your medical wishes are carried out when you cannot express them yourself.
The person or people you name in this legal document become responsible for your care and treatment in the event you are taken ill or become injured or disabled. They can also make difficult end-of-life care decisions.
Healthcare proxies can legally discuss your healthcare wishes with doctors and other healthcare professionals and ensure they follow your personal requirements. They can also make decisions for you if there are no exact wishes stated.
If you become too unwell to communicate your medical wishes, your healthcare proxy will automatically become active in your healthcare decisions.
Your healthcare power of attorney can be
You’ll need to complete a healthcare power of attorney form, which can differ by state. These forms can also be called advance directives for healthcare. All forms will usually need to be notarized, and you can change or withdraw who you want to be your healthcare proxy at any time.
You can name more than one person. And you can dictate a specific order in which they should be contacted. For example, you can choose your partner or spouse as the first person to contact. But if they are unreachable, you can name an adult child as the second person to contact.
Some states require witnesses for a healthcare power of attorney to be valid, particularly if you live in a nursing home or another care facility.
It’s important to check your state’s rules and the specific details they require when arranging a healthcare power of attorney.
Medicare has specific requirements for healthcare power of attorney appointments.
You must complete the authorization to disclose personal health information release form and return this to Medicare with copies of the legally authorized healthcare power of attorney.
The return address is:
1-800-MEDICARE
Written Authorization Dept.
PO Box 1270
Lawrence, KS 66044
There are two types of power of attorney.
Durable power of attorney
If you appoint a durable power of attorney, you authorize the person you specify to make decisions regarding your:
- finances
- business dealings
- legal matters
This means that your appointee can pay your bills, manage your taxes, manage any social security or other government benefits, and buy or sell your property.
Healthcare power of attorney
A healthcare power of attorney is for your health and medical needs only.
It only becomes active if you’re unable to make decisions yourself due to illness or injury.
You can add, remove, or swap your healthcare proxy at any time.
You’ll usually need to destroy the old document and replace it with a new version.
Having a healthcare power of attorney can give you peace of mind.
You can rest assured that your healthcare wishes will be carried out in the event of an accident, illness, or other situation in which you may be unable to make decisions for yourself.
Depending on the state in which you live, you can assign a healthcare power of attorney to manage your medical needs when you cannot manage them yourself.
A healthcare power of attorney, also known as a healthcare proxy, can ensure your healthcare wishes are carried out and that important medical decisions are made with your best interests at heart.
The information you need for this to become legally binding varies by state. So it’s important to check your state rules and organize a notary and witnesses if required.