What is a Medical Power of Attorney?
A Medical Power of Attorney (medical POA) is a trusted individual who steps in to make medical decisions on a patient's behalf, designating them as the "attorney in fact" (sometimes referred to as the health care proxy or health care agent) and essentially giving them the same authority as the patient in decision-making. This is needed when the patient has been deemed as mentally incapable by a suitably qualified medical professional, if they have not created a living will, or if their living will does not sufficiently provide preferences for their current situation. This means that the patient lacks capacity to make, understand, communicate and see the consequences of a medical decision.
A patient can have only have one other person acting as their Medical Power of Attorney at a time, although it is common for individuals to appoint a first alternate agent and second alternate agent in the circumstances that the primary agent is unable to act. Ideally, the primary agent should be someone familiar with your medical history, current health condition, treatment needs, and medications. They should understand the type of medical care and support required to ensure the patient's comfort and well-being and must always act in your best interests.
The patient's attorney holds a position of trust, legally referred to as a “fiduciary” relationship. This means they must act with honesty, fairness, and diligence, prioritizing your health and welfare above all else. They are required to work in the patient's best interests, making decisions to promote their health and protect your well-being.
