Health Care Powers of Attorney

A Health Care Power of Attorney, along with the Durable Power of Attorney, is an essential tool for planning for incapacity. If you have a trusted relative or friend, you should sign a Health Care Power of Attorney.

I. What is a Health Care Power of Attorney?

  • As long as you are competent, you (the “Principal”) will be your own decision-maker for health care decisions.
  • A Health Care Power of Attorney (“Health Care Power”) is a type of power of attorney which authorizes an individual (the “Agent” or “Health Care Agent”) to make health care decisions for the Principal if he or she loses capacity to make those decisions for himself or herself.
  • A Health Care Power should be “springing”, i.e., it should only be effective on the incapacity of the Principal.

II. Who should be appointed as Agent in a Health Care Power of Attorney?

  • A Health Care Agent should be a person who understands the Principal’s wishes on health care issues and will follow them.
  • Married people often appoint their spouse as primary Health Care Agent; single or widowed people often choose a child, other relative, or a trusted friend.
  • A substitute Agent, who can act if the primary Agent dies, resigns or becomes incapacitated, is advisable.
  • You should name only one Health Care Agent to act. You can request in your document that this Agent consult with other family members.
  • A Principal may name different people as Health Care Agent and Agent under a Durable Power of Attorney. Different skills are required.

III. What should a Health Care Power of Attorney include?

  • A Health Care Power should state whether the Health Care Agent may:
    • Admit the Principal to a nursing home or community based residential facility.
    • Withhold or withdraw feeding tubes.
    • Act even if the Principal is pregnant.
    • A Health Care Power may state the Principal’s wishes on donation of organs and/or the body.
    • A Health Care Power may provide specific instructions regarding home health care.
    • The Principal may state any specific directions regarding health care, including a direction that your life not be artificially prolonged. This is especially important if his or her wishes are at all unusual or if conflict within the family is anticipated.
    • A Health Care Power must be witnessed by two people who are neither relatives nor health care providers. It does not have to be notarized.

    IV. Why should a Health Care Power of Attorney be signed?

    • Spouse and family have no legal right to consent to or refuse medical treatment on a person’s behalf. As Health Care Powers are becoming more common, medical providers are less willing to accept direction from an incapacitated person’s family without a Health Care Power.
    • If there is no Health Care Power, an incapacitated person must enter a nursing home or larger community based residential facility for long term care, a petition for court-ordered guardianship and protective placement must be filed.
    • Signing a Health Care Power is the best way to insure that a person’s wishes and philosophy about health care will be followed.
    • Signing a Health Care Power provides an opportunity to talk with the Health Care Agent and other relatives and friends about the Principal’s wishes and philosophy on health care issues.

    V. What should be done after a Health Care Power of Attorney is signed?

    • A copy may be given to all health care providers. The Principal should also discuss his or her wishes and philosophy on health care with his or her health care providers.
    • The Agent (and substitute Agent) should know where the document is kept and have easy access to it.

    Limitations and Disclaimer
    TO ASSIST YOU, WE HAVE PROVIDED THIS BROCHURE ON HEALTH CARE POWERS OF ATTORNEY. THIS IS NOT INTENDED TO BE A COMPLETE EXPLANATION OF THE LAWS, RULES AND REGULATIONS AFFECTING HEALTH CARE POWERS. THE LAWS AND RULES OFTEN CHANGE AND EACH INDIVIDUAL’S SITUATION IS UNIQUE. THE BROCHURE WILL PROVIDE AN INITIAL UNDERSTANDING OF THE BASIC CONCEPTS. YOU SHOULD CAREFULLY EVALUATE YOUR PARTICULAR SITUATION AND CONSULT THE APPROPRIATE PROFESSIONAL OR LEGAL ADVISOR PRIOR TO TAKING ANY ACTION.