A Medical power of attorney form enables an individual (known as the principal) to designate an agent who will be responsible for making healthcare decisions on their behalf. The agent’s authority becomes effective only when the principal becomes incapacitated and is unable to make decisions on their own. This incapacity must be confirmed in writing by the attending physician.
Standard Power of Attorney Forms
Statutory Forms: By State
Alaska – Advance Health Care Directive: Alaska Stat. § 13.52.010
Arizona – Health Care Power of Attorney: § 36-3224
Arkansas – Durable Power of Attorney for Health Care: Ark. Code § 20-6-103
California – Advance Health Care Directive: PROB § 4701
Colorado – Durable Power of Attorney for Healthcare Decisions: § 15-14-506
Connecticut – Advance Directive: § 19a-575a
Delaware – Advance Health Care Directive: Title 16 § 2505
Florida – Designation of Health Care Surrogate: § 765.202(1)
Georgia – Advance Directive for Health Care: § 31-32-4
Hawaii – Advance Health Care Directive: § 327E-16
Idaho – Living Will and Durable Power of Attorney: § 39-4510
Illinois – Power of Attorney for Health Care: 755 ILCS 35/3(b)
Indiana – Health Care Power of Attorney: 755 ILCS 45/Art. IV
Iowa – Durable Power of Attorney for Health Care Decisions: § 144B.5
Kansas – Durable Power of Attorney for Health Care: § 58-632
Kentucky – Living Will Directive and Health Care Surrogate Designation: § 311.629
Louisiana – Advance Directive: RS 28:223
Maine – Health Care Advance Directive Form: § 5-805
Maryland – Advance Directive: § 5-603
Massachusetts – Health Care Proxy: § 201D-2
Michigan – Durable Power of Attorney for Health Care: § 700.5501(b)
Minnesota – Health Care Directive: § 145C.16
Mississippi – Advance Health-Care Directive: § 41-41-209
Missouri – Durable Power of Attorney for Health Care: § 404.822
Montana – Durable Power of Attorney for Health Care: § 53-21-1304
Nebraska – Power of Attorney for Health Care: § 30-3404
Nevada – Durable Power of Attorney for Health Care Decisions: NRS 162A.860
New Hampshire – Advance Directive: § 137-J:20
New Jersey – Durable Power of Attorney for Health Care: § 26:2H-57
New Mexico – Power of Attorney for Health Care: § 24-7A-4
New York – Health Care Proxy PBH: § 2981
North Carolina – Health Care Power of Attorney: § 90-321
North Dakota – Health Care Directive: § 23-06.5-17
Ohio – Durable Power of Attorney for Health Care: § 1337.17
Oklahoma – Durable Power of Attorney: § 63-3101.4
Oregon – Advance Directive: ORS 127.527
Pennsylvania – Durable Health Care Power of Attorney: § 5471
Rhode Island – Designation of Health Care Agent: § 23-4.10-2
South Carolina – Health Care Power of Attorney: § 62-5-504
South Dakota – Durable Power of Attorney for Health Care: § 59-7-2.1
Tennessee – Durable Power of Attorney for Health Care: § 68-11-1803(b)
Texas – Medical Power of Attorney: § 166.161
Utah – Advance Health Care Directive: § 75-2a-117
Vermont – Durable Power of Attorney for Health Care: 18 V.S.A. § 9703
Virginia – Advance Directive for Health Care: § 54.1-2984
Washington – Durable Power of Attorney for Health Care: § 11.125.100
West Virginia – Medical Power of Attorney: § 16-30-4
Wisconsin – Power of Attorney for Health Care: § 155.30
Wyoming – Medical Power of Attorney: § 35-22-403
Medical Power Of Attorney Forms: By State
Choosing a Health Care Agent
What is a Healthcare Agent?
A healthcare agent, also known as a surrogate or proxy, is an individual you select to make medical decisions in case you cannot do so in the future. This person should be a close relative or trusted friend who knows you well and whom you trust to speak on your behalf. In most states, your healthcare agent can make decisions for you anytime you cannot make medical decisions, not just at the end of life.
How to Choose an Agent?
When choosing a healthcare Agent, have open discussions with the potential candidates to be the Agent by discussing your values, quality of life concerns, anticipated medical issues, and possible treatments. Since unexpected situations can arise, your Agent should be able to make decisions based on their understanding of your values and what you consider a meaningful life. These discussions are complex, and your perspectives may change.
Your healthcare agent should:
- Know you well
- Remain calm in a crisis
- Understand how you would make decisions if you were able to
- Do not hesitate to ask questions and advocate to doctors
- Comfortably communicate with your family
FAQs
How do you get a medical power of attorney form?
We provide free medical power of attorney form templates. Download our PDF form above.
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What is a Medial POA Power of Attorney Form?
A Medical or Healthcare Power of Attorney is a legal document that grants an individual, usually the healthcare agent or proxy, the authority to make medical decisions on behalf of the principal if they are unable to do so themselves due to incapacitation.
How to become a Medical Power of Attorney?
The process to become a Medical Power of Attorney includes:
- Understand and be familiar with the roles and responsibilities of being a Medical POA
- Legal Requirements – Each State has its own set of rules
- Select the Person appointing someone they know they can trust.
- Document – Create a POA document in a format that clearly outlines the terms.
- Include Instructions on decision-making
- Witnesses and Notarize – Check with local laws if these need to be included
- Copies
- Register and File
- Review
Does Durable POA cover Medical?
To ensure the Durable POA covers Medical, create a document called a durable power of attorney for finances and healthcare. This document combines financial and medical decision-making powers and allows them to appoint a trusted person to make decisions on their behalf in case of incapacity.
What is a Medical Durable Power of Attorney?
The Medical Durable Power of Attorney (MDPOA) is a legal document that gives an individual, referred to as the “principal,” to appoint another person, known as the “agent” or “attorney-in-fact,” to make healthcare decisions on their behalf if they become incapable of doing so themselves.
What is a Health Care Power of Attorney?
A Health Care Power of Attorney (HCPOA) is a legal contract that lets someone choose another person to make their healthcare decisions if they can’t. It’s part of advance care planning.
What are the Medial POA responsibilities?
The responsibilities include:
- Making healthcare decisions that align with the wishes of the principal.
- Consulting with healthcare professionals for making medical decisions.
- The Medical POA should treat the patient with the principal’s values, morals, and preferences.