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 called a medical power of attorney, advance directive, or healthcare proxy, allows you to appoint someone to make medical decisions for you if you become incapacitated and unable to make those decisions yourself. The requirements for creating a valid healthcare power of attorney vary from state to state.

Many U.S. states have a recommended or statutory form for creating a healthcare power of attorney that is included in their laws. Using the state’s official form can help ensure your document will be valid and comply with all legal requirements for that state. However, some states will accept other forms as long as they meet certain criteria specified in the law.

To make your healthcare power of attorney effective, you typically need to sign the document in the presence of witnesses, often a notary public as well. The person you appoint as your agent or proxy should be someone you trust to follow your wishes regarding medical treatment. You may also want to include specific instructions about your preferences for life-sustaining treatment, pain management, and other medical issues.

The rules for healthcare powers of attorney can differ significantly across states. For example, some states allow you to authorize your agent to make decisions about mental health treatment, while others prohibit or limit that authority. Many states place restrictions on when the agent’s power becomes effective, such as requiring a determination of incapacity from one or more physicians. It’s important to understand and follow the specific laws in your state when preparing this legal document.

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.