Be Prepared with a Power of Attorney

Don't wait!

By Jack McQuitty

Failure to plan for what kind of medical treatment you want if you become upon disabled can cause significant pain and hardship to loved ones.

In many states, individuals are given alternatives from which to choose regarding health care directives. One of those is the durable medical power of attorney (POA).

A POA can ease the burden on your family during a difficult time and ensure that your wishes are followed. It designates an agent to make medical decisions for you when you are not able to do so. You should give copies of your POA to your agent, doctor, family members, and any others who may be contacted in a medical emergency.

When executing a POA, you should carefully choose an agent and discuss situations that may require critical medical decisions. Though sometimes emotionally difficult, such discussions can provide the agent with specific directives and/or guidance concerning your treatment.

Choosing an agent

The POA is an important instrument that grants the agent significant responsibility. Because of this, you should think carefully before choosing an agent. Your agent should be someone with whom you feel comfortable discussing your medical conditions and who will respect your right to get the type of treatment you want. In most cases, a family member is designated. The following factors should be considered when choosing an agent:

  • Assertiveness: An agent’s decision for medical treatment, which reflects your wishes, may conflict with the opinion of a medical professional or another family member. The agent must be able to communicate and have the resolve to avoid being pressured into making a decision that does not follow your directives.
  • Location: While your agent is not required to live in the same city or state as you, close proximity may be beneficial, so he or she can more readily be consulted and can monitor medical personnel.
  • Ability to handle two roles: You may want to name the same person to serve both as your financial agent and your health care agent. If you become incapacitated, your financial agent would have control over your finances, including making payments for medical bills and insurance. If the two agents are not the same, make sure you choose two people who can work together.

Published March 20, 2008

Updated October 22, 2010

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