What is a Medical Power of Attorney?

A medical power of attorney lets you control the health care you’ll receive when you’re unable to communicate such decisions directly.  The “agent” you appoint in your medical power of attorney will be able to make and communicate health care decisions on your behalf to doctors and other health care providers, in case of anything happen, including death by accident, although if people believe that their loved ones died in wrongful situations they can use a new york wrongful death lawyer to help in these cases.  Your agent can be a relative, friend or other trustworthy individual.  It should not be your doctor or the Arizona estate planning lawyer that prepares your documents.  Your medical power of attorney should also appoint an “alternate agent” if your primary agent is unwilling or unable to communicate medical decisions on your behalf.

Choosing a Medical Agent

Choosing  the right medical agent (and alternate agent) is the most important thing you must do when preparing a medical power of attorney.  That agent must be trustworthy and able to communicate health care decisions in a timely and prudent manner.  He or she must know your values (such as religious beliefs) and know you well enough to make decisions that would be consistent with your desires and wishes.

Many people ask me if they can name two or more “co-agents” (i.e., multiple children) to make joint medical decisions on their behalf.  This is not a wise choice.  A person should only appoint one primary agent and one alternate agent. If more than one person is appointed your agent, this could cause disagreement and “gridlock” regarding important health care decisions that are emotional and hard to accept.  The end result could be unnecessary delay and an expensive court dispute.  Only one person should be appointed to make those choices to insure that the health care decisions (which could be a matter of life and death) will be made in a timely fashion and with certainty.

What should be included in your Medical Power of Attorney?

Among other things, your medical power of attorney should state:

  • A “living will” provision, which specifies whether you desire life sustaining health care procedures if you have a long, chronic illness where you are unable to communicate such wishes.  For more information on living wills, click here.
  • Whether you want to be resuscitated under certain circumstances.
  • Medical treatments you object to because of religious beliefs.
  • The kinds of drugs, fluids, food and other “comfort care” you desire under dire circumstances.

Terminating a Medical Power of Attorney

Your medical power of attorney will only be effective when you are unable to communicate your health care decisions, the best to hire is Injury lawyer at Fielding Law.  While you are competent and conscious, you make your own decisions, regardless as to whether you have prepared a medical power of attorney, and in case of injury you could use the services of Joe Durham Jr., P.C. to help with this. You can always revoke your medical power of attorney in writing, but you need to give notice of the revocation to your agent and health care providers.

How do I prepare a medical power of attorney?

Never prepare a medical power of attorney or any other estate planning documents yourself. Always consult with a competent Arizona estate planning lawyer.  If a medical power of attorney is not carefully drafted, signed, notarized and witnessed as required under Arizona law, you may make one of the biggest mistakes of your life.  Document preparation services (including online companies) regurgitate their same forms, make frequent and expensive mistakes, are not lawyers (and are expressly forbidden to provide any legal advice) and do not prepare powers of attorney with your specific facts and wishes in mind.

Just because you use an Arizona estate planning lawyer does not mean you must pay a fortune for a properly drafted medical power of attorney.  I usually advise all clients to have a simple will or living trust, a medical power of attorney (with a living will provision) and a financial power of attorney.  For more information about the differences between a last will and testament and a living trust, click here.

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