Importance of Medical Power of Attorney
Written by Craig B

Importance of Medical Power of Attorney

Following a surgery, an injury or the onset of a medical condition that you can no longer make decisions for yourself, you can select a representative to take important choices for you. One example is a medical power of attorney who is a person you can trust to make medically related decisions for you. A Medical Power of Attorney may have huge influence in the future of your life and is a legally binding document. Therefore, it is crucial the document is very comprehensive to ensure your desires are carried out appropriately.  Read on to learn more.

Understanding A Medical Power of Attorney

As mentioned above a medical power of attorney allows someone of your choice to implement vital healthcare choices when you are not able to do so and to ensure your instructions are followed. You can fully outline whatever choices you have before you are incapable of making those decisions and customize them as you see fit. These decisions can be wide ranging but also exact in nature. For example, you may want the person representing you to only have power to make certain decisions, maybe electing life support procedures versus decisions if there is no feasible chance of recovery. Other common components of a medical power of attorney when to continue or terminate ongoing treatment, ensuring you have access to some treatments and when requested, not to others as well as instructions regarding hospital treatment, long term care and psychiatric treatment.

The Importance of Specific Matters

It is essential to be specific and not vague or obtuse regarding the decisions you allow the person who has medical power of attorney to make. The process can be compared to the creation of a will. Although not easy to consider it is vital you think about what may happen if you can no longer make decisions for yourself. This will offer you a guide to what you may expect in the future regarding your medical care and allow the person who has the medical power of attorney to make the wisest choices on your behalf.

What To Include in a Medical Power of Attorney

The importance of what specific actions you would like to be taken or not taken on your behalf cannot be understated. Therefore, you must be clear if you want to opt for surgery and treatments that may prolong your life versus making clear what actions you do not wish to be taken to the person with the medical power of attorney can express those wishes to their fullest extent. This is important in all cases but especially so with diseases where memory loss or confusion may become prevalent.

In most cases the person chosen to act as your medical power of attorney is someone who is a close to you. Without clear instructions in your document, it may cause them additional anxiety and stress as well as guilt from having to guess what your decision may or may not be. Of course they will want to carry out your wishes, therefore a medical power of attorney can be seen as the toolbox they need to take care of the issues for you. This is why it is important to be very clear in what you would like to happen as it is the decision-making mechanism for someone to act for you. One important note: A living will can exist alongside a medical power of attorney. The difference? A medical power of attorney covers the entire spectrum of medical choices, a living will handles a singular issue.

Understanding A Living Will

A living will frequently include medical related decisions, but its goal is to give providers of medical treatment especially regarding the sustainability of your life without the use of machines when there are zero chances of you making a recovery. Although a medical power of attorney can include this, it assigns rights to a decision maker you have confidence in. You may include specific preferences in the medical power of attorney, but it is ultimately up to the person who holds that power to make the decisions. A medical power of attorney and living will can therefore co-exist.

There Is No Age Barrier to a Medical Power of Attorney

You can be any age to appoint a medical power of attorney. After all, the need may appear at any time, do it is not something just senior citizens should consider. Taking this important step offers you the protection you need at every stage of life.

When is A Medical Power of Attorney Used?

A decision to commence the use of the medical power of attorney document will be adjudicated by your healthcare provider (for example a psychologist or medical doctor) who will inform your appointed person. If you are somewhat aware during this process, your healthcare providers will make the following determinations.

  1. Can you comprehend the decisions you are being asked?
  2. Are you capable of making a choice that is informed?
  3. Are you capable of relaying your choices in some manner?

If these three things cannot be done, the medical power of attorney document will come into play and your appointed person will make the decisions on your behalf. Being of advanced age or receiving treatment for mental illness are not sufficient reasons alone to trigger the use of a medical power of attorney.

Choosing A Medical Power of Attorney

You should find a person who you trust to make life changing decisions for you. These are often stressful, so you may chose someone who is not a close member of your family if you think it will cause them additional stress. However, the person cannot be a doctor who is involved in your treatment or someone who works for your medical provider. Remember, if you elect more than a single person this may work well but if there is disagreement on the course of action to be taken it may even require a court hearing to settle the matter. Again, clarity in your medical power of attorney document regarding the actions you wish to take will help to precent this from occurring.

Can You Change A Medical Power of Attorney?

A medical power of attorney stays in place unless you decide to make a change or withdraw the document. However, it cannot be changed or withdrawn once you are unable to make decisions for yourself.

Choose the Right Attorney in Arizona

Regardless of the choice you make, it’s important you make the best choice for you when hiring an attorney. Remember: The decisions you make now can affect your future. Ultimately, choosing the best lawyer will depend on which lawyer feels best for you and your situation.

If you want to learn about Michelle N. Ogborne and see if she is the right attorney to represent you in your collaborative divorce in Arizona, contact us today!

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