What is a Medical Power of Attorney? state durable power of attorney, medical power of attorney forms, attorneys,
A medical power of attorney names a person (a proxy) to make medical decisions on your behalf. state durable power of attorney, medical power of attorney forms, attorneys,
Typically the document is set up as durable power so that the proxy does not have to get court approval. Durable power means you have the power to make decisions right now. The other form of power is springing power, which means you have the authority upon the person becoming incapacitated (i.e., you spring into power when the person looses their own power).
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When you set up a medical power of attorney you give that person the power to make medical decision on your behalf. If you do not have a medical power of attorney, then the court decides who has the power for the incapacitated person.
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Having a simple document granting Medical Power of Attorney allows you to give your decision making to the person you choose so that they can act in your behalf without bringing the courts into the picture.
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You will want to make sure the person being granted the power has a copy of the document. Too many times a person is put on life support and later, they open the person safety deposit box and find out the person did not want to be put on life support. Depending on that state's law, you might not be able to remove the life support once it has been applied.
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Why your spouse may not be allowed to act on your behalf
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Typically, spouses automatically have medical power of attorney, but people can petition the court to consider otherwise. This was scenario that played out on national television when Terri Schiavo's husband, and guardian, petitioned the circuit court to remove her feeding tube. Terri had suffered extensive brain damage and had been living on the feeding tube for 15 years. Schiavo's husband insisted that she had expressed her wishes not to be kept on life support with no hope for improvement. Terri's parents opposed the removal of the tube and argued that if she was conscious she would express her wishes to be on life support. The debate lasted seven years in court until her husband was allowed to act in the way he thought she would want.
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Unless you have a Medical Power of Attorney, the courts may consider testimony from other individuals and prevent your spouse in acting on your behalf.
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Whether Terri expressed to her husband that her wishes were not to be kept on life support will never be known. state durable power of attorney, medical power of attorney forms, attorneys,
This example illustrates the importance of having a medical power of attorney and making sure that person understand and acts on your wishes. state durable power of attorney, medical power of attorney forms, attorneys,