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 healthcare power of attorney, also known as a medical power of attorney or healthcare proxy, is an important legal document that allows an individual to designate someone to make medical decisions on their behalf if they become incapacitated. The person who can serve in this role must meet certain criteria and responsibilities.
Generally, any competent adult can be appointed as a healthcare power of attorney. However, there are some important considerations and restrictions to keep in mind:
1. Age requirement: In most states, the appointed individual must be at least 18 years old. Some jurisdictions may have higher age requirements.
2. Mental capacity: The chosen representative must have the mental capacity to understand and make complex medical decisions. They should be able to comprehend medical information and communicate effectively with healthcare providers.
3. Relationship: While not always required, it is common to choose a close family member or trusted friend who is familiar with the individual’s values and wishes regarding medical care. This person should be someone who can advocate effectively for the patient’s best interests.
4. Availability: The appointed individual should be reasonably available to make decisions when needed. This may involve considering geographic proximity and the person’s ability to be present during medical emergencies.
5. Exclusions: In many states, the patient’s healthcare provider or employees of the healthcare facility where the patient is receiving treatment cannot serve as the healthcare power of attorney, unless they are also related to the patient.
It is important to note that laws regarding healthcare powers of attorney can vary by state. Individuals should consult with a qualified attorney in their jurisdiction to ensure compliance with local laws and to properly execute the necessary legal documents.
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.