Written by Benjamin Kingsley
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
A medical power of attorney, also known as a healthcare proxy or healthcare power of attorney, is a crucial legal document that designates an individual to make medical decisions on behalf of another person if they become incapacitated. The requirements for witnesses to a medical power of attorney can vary by jurisdiction, but there are some general guidelines that are commonly followed:
In most states, a medical power of attorney requires at least two adult witnesses to be present when the document is signed. These witnesses must typically meet certain criteria to be considered valid:
1. Age requirement: Witnesses must usually be at least 18 years old or the age of majority in their state.
2. Mental capacity: Witnesses should be of sound mind and capable of understanding the nature of the document they are witnessing.
3. Disinterested parties: Many states require that witnesses be disinterested parties, meaning they should not be related to the person creating the medical power of attorney (the principal) or stand to benefit from their estate. This often excludes immediate family members, heirs, and healthcare providers.
4. Not the agent: The person designated as the healthcare agent in the document cannot serve as a witness.
5. Not employees of healthcare facilities: In some jurisdictions, employees of healthcare facilities where the principal is receiving care may be prohibited from serving as witnesses.
It is important to note that some states may have additional requirements or restrictions. For example, some jurisdictions may require that one of the witnesses be a notary public. Others may have specific rules about who cannot serve as a witness, such as the principal’s attending physician or employees of the principal’s health care provider.
To ensure the validity of a medical power of attorney, it is advisable to consult with a local attorney or review the specific laws of the relevant jurisdiction. This will help ensure that the document meets all legal requirements and will be recognized and honored when needed.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.