{"id":355762,"date":"2016-04-04T10:45:23","date_gmt":"2016-04-04T15:45:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/elder\/elder-care-law\/power-of-attorney-for-healthcare.html"},"modified":"2023-07-27T16:52:17","modified_gmt":"2023-07-27T21:52:17","slug":"power-of-attorney-for-healthcare","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/elder\/elder-care-law\/power-of-attorney-for-healthcare.html","title":{"rendered":"Healthcare Power of Attorney for Older Adults"},"content":{"rendered":"\n
\n \n
\n

Healthcare Power of Attorney for Older Adults<\/h1>\n
\n
\n By FindLaw Staff<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n
\n
\n

Key Takeaways<\/h2>\n

A healthcare power of attorney<\/a> (POA) is an important part of long-term care planning. It is a type of advance directive in which you choose someone to decide for you when you can no longer do so.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

\"\"<\/figure>

Creating a healthcare POA, also known as a medical POA, can help protect you against unexpected medical uncertainties. It is an essential legal document should you become incapable of making medical decisions, whether through an illness such as Alzheimer’s or an injury that renders you incapacitated.<\/p>\r\n

General vs. Durable Power of Attorney<\/h2>\r\n

It is important to note the difference between a general power of attorney and a durable power of attorney. A general power of attorney is "non-durable." This means that the person appointed to act on behalf of the principal can no longer do so once the principal becomes incapacitated.<\/p>\r\n

A "durable" power of attorney for healthcare is a legal document that allows someone to make your healthcare decisions when you no longer can. That person becomes your "attorney-in-fact" and can decide medical treatment or end-of-life care decisions. Older adults often choose an adult child, sibling, or other relative as their attorney-in-fact.<\/p>\r\n

If you do not have a durable power of attorney, your family and loved ones may have to undergo an expensive and time-consuming court proceeding to make medical decisions. A power of attorney or advance healthcare directive prevents the court’s involvement.<\/p>\r\n

A qualified elder care lawyer<\/a> or estate planning attorney<\/a> can help you get started on your healthcare power of attorney forms.<\/p>\r\n

What Powers Does a Power of Attorney for Healthcare Convey?<\/h2>\r\n

Your healthcare agent will typically gain a durable POA over your medical decisions only when you cannot act for yourself. This usually happens due to mental incapacity or physical disability.<\/p>\r\n

Someone of "sound mind" will still be able to make their own decisions, even if this document exists. Creating a power of attorney document in sound physical and mental health is wise.<\/p>\r\n

Suppose the day comes when you lack decision-making ability. In that case, you want a trusted healthcare proxy to make important treatment decisions on your behalf. Under most powers of attorney, your loved one or family member acting as a healthcare agent will be able to:<\/p>\r\n