As mentioned in a previous blog post titled “The DL on POAs,” a Power of Attorney (or “POA” for short) is a legal document that gives another person, who is often called an “agent,” the authority to act on your behalf should you become incapacitated and unable to care for your own affairs. The two most common types of POAs are financial and medical. The former is described in detail in the “The DL on POAs” post, but it generally permits your agent to act on your behalf regarding your financial matters. On the other hand, a medical POA (also known as a Patient Advocate Designation) is a document authorizing your agent, who is also known as a patient advocate, to make healthcare-related decisions for you in the event that you’re unable to make or communicate these decisions for yourself.
Some decisions your agent may be responsible for making are: 1) whether to provide or withhold consent for medical and surgical treatments 2) which life-sustaining options (i.e. resuscitation, tube feeding, medical ventilation, etc.), if any, you would want, and for how long you would want them 3) whether to donate your organs or 4) where you may recoup or live if you can no longer stay in your own home.
How Will I Know if I am no Longer Able to Make Healthcare Decisions for Myself?
Generally, a doctor or psychologist will make this conclusion. You or a loved one may be in the trenches of a physical or emotional illness and, over time, become unable to make well-reasoned decisions for yourself. A sudden, tragic accident may also happen and impair your ability to communicate your wishes for (or against) treatment. In both of these instances, the doctor or psychologist will work your patient advocate to make key decisions regarding your care. In the event that you completely recover and are able to start making your own medical decisions again, your patient advocate’s rights can go dormant if and until you need them.
How Do I Choose My Healthcare POA?
Similar to the way in which you would choose your financial agent, it is important for you to be selective when choosing a patient advocate. This person will be stepping in your footsteps when it comes to making essential medical decisions, so it’s critical that you fully trust them. There are several criteria you should consider when choosing your patient advocate, including: 1) does this person meet my state’s patient advocate requirements? 2) Is this individual comfortable and willing to discuss medical care and end-of-life issues with me? 3) Can I trust this person to make these decisions for me and honor my wishes and values? And 4) Is the person I am thinking of nominating for the role strong enough to make potentially difficult decisions? Such a role is not for the faint of heart.
Who Can Serve as my Patient Advocate?
In addition to knowing who shares your values and is willing to serve as your patient advocate, you also need to ensure they are at least age 18 or older. It’s also important to understand that your patient advocate does not need to be related to you. If you have reservations about family members and their abilities to carry out tough medical decisions with your best interest at the forefront, a trusted friend could be a better option.
An Important Option
While it is presumed that your patient advocate will act in your best interest and according to your wishes, it also doesn’t hurt to make sure your wishes are known. In addition to designating a patient advocate, you may also choose to communicate your preferences for medical treatment in the POA itself for those situations in which you’re unable to make decisions regarding your care. Doing so is especially important if you have specific desires that you wish to be honored. Without any direction, your agent will need to make these challenging decisions on your behalf without knowing what you would want.
Whether You Need a Power of Attorney or You’re An Agent: We’re Here for You!
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