A power of attorney is a way to give someone you trust the ability to act on your behalf. With a medical power of attorney, one individual gives another power to make healthcare decisions when they can’t. This post will explore the basics of setting up a medical power of attorney for a senior parent.
Important Factors to Consider When Setting Up a Medical Power of Attorney
Keep the Medical Power of Attorney Durable
Most people choose to make a medical POA durable when setting it up. A durable medical POA allows the chosen agent to make medical decisions when your parents cannot communicate their wishes. If your parents can’t speak for themselves, their agent would step in to handle medical decisions. It’s important to be clear when drafting the document, as many courts assume a medical POA is durable unless stated otherwise.
Attorney-in-Fact
When setting up a medical power of attorney, it’s important to consider who to name as their agent. Despite the term “attorney-in-fact,” this person doesn’t need to be a lawyer. Most people choose a trusted family member or close friend for this role.
Your parents should pick someone they trust completely to make the same medical decisions they would if they could. While the agent is legally required to follow any healthcare instructions provided, it’s still a big responsibility. Make sure they choose someone who will stand by their wishes without hesitation.
The Medical Treatment During an Emergency
In a medical emergency, your parents can specify the treatments they want. Both in surgery or life-saving procedures, in their medical power of attorney. Include any treatment preferences at home, a hospital, or elsewhere. Seniors can also create living wills to outline certain healthcare preferences to support a power of attorney.
Choosing Healthcare for Your Parent
Encourage your parents to be clear and detailed when creating their medical power of attorney. This document will play a key role in their care and future. It ensures their wishes are understood and respected. Learning how the process works can help them make informed choices. It can help express their needs and concerns.
Legal Power of the Health Care Agent
Your parent’s healthcare agent must act in their best interests. They can decide how much control the agent has over their treatment, whether full authority or certain restrictions. The healthcare agent will likely work alongside the financial power of attorney to ensure funds are available for medical treatment. This role is not to be taken lightly, and choosing a capable and trustworthy person is crucial.
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