Who will step in and make medical decisions for you if you become unable to make them for yourself?
I know of a person who was seemingly extremely healthy. Unexpectedly, there was a medical event that left her unable to make her own medical decisions. Her spouse is deceased, her parents are living but elderly and her children are all legal adults. Everyone had their own opinion on how they thought she would want to be treated, and there were a variety of wildly differing opinions. A medical power of attorney would have provided guidance, but no one even knew if one existed.
With so many differing opinions, and with time being critical, who gets to have the final say?
Sadly, if there is no medical power of attorney in place, the medical decision-making power will be decided based on the laws of the state in which you reside.
And just as sad, it may not be the person you would want.
What is a medical power of attorney?
In the most basic terms, a medical power of attorney is a legal document that allows you to name a person to make health care decisions for you if you are unable to make them yourself.
A medical power of attorney is also referred to as a healthcare power of attorney.
During a medical emergency, there is not time to fight and bicker and go to court over differing opinions.
A Medical Power of Attorney ensures that, if you are unable to make medical decisions for yourself, a person that you trust, who knows your wishes, will be making them for you.
You may not think you need a medical power of attorney if you are married.
You might be right. In most cases and states, if you are married, your spouse will be the designated healthcare decision maker if you are unable to make your own medical decisions. (Confirm that for the state in which you live.)
That scenario works if you are comfortable that your spouse will make medical decisions according to your wishes.
However, what happens if you are both incapacitated in the same accident?
A medical power of attorney allows you to name a second, third and even fourth successor in the event that the primary designee is unable or unavailable to make necessary medical decisions.
Even if you are married, and you want your spouse to have medical decision-making rights, put it in writing.
A legal, written document removes doubt about your intentions.
Note: If you divorce or your spouse passes, make sure to revoke the original medical power of attorney and create an updated version.
Choose your medical power of attorney with care.
Don’t assume it has to be family.
Choose someone you trust to make the decisions you would make if you were able.
Whoever you choose, confirm they are willing and able to serve as your medical power of attorney.
Being a medical power of attorney can be time and pressure intensive.
Make sure to choose someone who can withstand the pressure and will stick around for the long haul.
Don’t be intimidated by creating a medical power of attorney.
A medical power of attorney should be a simple form that you can create without needing an attorney.
However, every state is different and has different laws and different forms.
Make sure you follow the laws of your state and use the correct form.
Start with an online search.
The form and instructions for West Virginia are available on our state website.
A quick online search turned up the same results for the few states I checked.
I’m not going to assume all states have their form and instruction available online, but it’s the best place to start.
Check with your physician or local hospital.
The hospital registrar was the individual that directed me to the site for West Virginia. They offered to have the form notarized if I brought it with me at admission. (In WV the form isn’t legal if it hasn’t been witnessed and notarized.)
The public library should be able to provide guidance and may even be able to notarize the form for you as well.
After you fill out the medical power of attorney form, you aren’t quite finished.
Give a copy to the person who has been designated as your medical power of attorney, as well as each person named as a successor.
Store the original in a safe place, such as your Just in Case File and make sure at least one person knows where it is and how to access it.
If your state has an online repository for advance directives, consider uploading it so that it’s readily available.
A medical power of attorney is a lot like insurance. You hope you never need it. But if you do, both you, and those you love, will be really glad you took the time to make sure you had it in place.
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