Your medical power of attorney form is a vital document you must fill out and have on record in case of an emergency. 

However, the form is very comprehensive, and you may need some guidance to get through it. We’ll walk you through how to fill out a medical power of attorney form to ensure it’s ready when you need it.

Key Takeaways

• Each state has different legal requirements for a medical power of attorney form to be valid.

• It’s important to ensure your medical treatment preferences are spelled out in detail on the form so your wishes are followed when the time comes.

• Most medical power of attorney forms require two witnesses present when you sign the document to ensure it’s valid.

Steps to Fill Out a Medical Power of Attorney Form

A medical power of attorney (MPOA) is a legal document empowering a designated person, known as your healthcare agent or proxy, to make healthcare decisions on your behalf if you become incapacitated or unable to communicate your wishes. This document ensures your healthcare preferences are respected, even in challenging circumstances.

Filling out an MPOA form involves understanding state-specific requirements, specifying your medical treatment preferences, adding any restrictions or limitations, and properly executing the document.

State-Specific Requirements

Each state has its legal requirements for a medical power of attorney. These requirements might affect the form's format, signing protocols, and witnessing. For instance, in Florida, the form must be signed before two witnesses who are not your designated agent. 

Lauren Klein, an attorney and co-founder of Flourish Law Group in Fort Lauderdale, Florida, explains:

“A person can either work with a qualified estate planning attorney or obtain certain free resources to complete their medical power of attorney form. In Florida, these forms generally include a designation of healthcare surrogate and a living will, and this may vary in other states.”

Some states also require notarization. Be sure to check if a notary public needs to be present during the signing. Reviewing your state’s requirements can help ensure your form is legally binding.

Specifying Your Medical Treatment Preferences

Your medical power of attorney should clearly outline your medical treatment preferences. This includes decisions about life-sustaining treatments, resuscitation, and preferences if you face a terminal illness. Be specific about what treatments you want or do not want. This might include preferences regarding pain management or artificial hydration and nutrition. 

Communicate your decisions clearly with your agent to avoid misunderstandings during critical times.

Adding Restrictions and Limitations

When completing the form, you can add restrictions or limitations on the authority of your agent. For example, you might restrict your agent from making decisions about certain types of medical treatments or procedures. Specify any limitations, such as decisions about organ donation. 

Providing detailed instructions in this section helps ensure your medical care aligns with your values and preferences.

Execution of the Document

Proper execution of a medical power of attorney involves several key steps. First, complete the form with accurate information, including the names and contact details of your agent and alternates. Be sure to sign and date the form in the presence of the required witnesses and possibly a notary public if your state requires it. 

Given the document's importance, copies should be stored securely in a safe deposit box or fireproof safe and digitally on a secure platform like Trustworthy. With Trustworthy, you can give your agent access to your medical power of attorney so that even if you’re incapacitated, they can still access it and other necessary sensitive documents. 

Since you can have everything in one place, you can also store other necessary documents, such as financials and passwords. So, if your MPOA doubles as your financial power of attorney, for instance, they can also conduct necessary transactions on your behalf. With Trustworthy’s world-class security, including two-factor authentication (including hardware keys) and AES 256-bit encryption, you can rest assured your information is safe. 

Key Components of an MPOA

A typical MPOA in the U.S. includes the following elements:

• Appointment of healthcare agent: This section specifies the name and contact information of the individual you've chosen to make healthcare decisions on your behalf.

• Scope of authority: This outlines the types of healthcare decisions your agent can make, such as authorizing medical treatments, consenting to surgeries, or making decisions about life-sustaining care.

• Instructions for the healthcare agent: Here, you can provide specific instructions or preferences regarding your healthcare wishes, including your views on resuscitation, organ donation, and end-of-life care.

• Effective date: This indicates when the MPOA becomes effective. It can be upon your incapacitation or upon signing the document.

• Revocation: This specifies how the MPOA can be revoked or amended in the future.

• Witness and signature: The MPOA must be signed by you, witnessed by two individuals, and notarized.

Legalizing the Document

Ensuring your medical power of attorney form is properly executed involves meeting specific witness and notary guidelines. This guarantees your document is legally binding and valid when needed.

Witness and Notary Guidelines

To legitimize your medical power of attorney, you typically need two witnesses. These witnesses must watch you sign the document and sign it themselves. Witnesses must be unbiased—meaning they should not be your appointed agent, spouse, or anyone related to you by blood, marriage, or adoption.

In some states, a notary public must also certify your signatures. This certifies that the document is authentic and you were not coerced into signing it. You can often find notary services at banks, law offices, or shipping service stores.

Having both witnesses and a notary strengthens the credibility of your document. This combination of signatures ensures your medical preferences will be honored if you cannot advocate for yourself. Be sure to check your state's specific requirements, as they can vary.

Understanding Notary Acknowledgment

A notary acknowledgment is a formal declaration by a notary public that the signatures on your document are genuine. The notary confirms your identity and ensures you sign voluntarily. This step is vital in preventing fraud and undue influence, providing an additional layer of security to your medical power of attorney.

Notarizing your document doesn't just authenticate your signature. It also instills confidence that your decisions about your healthcare will be respected. Check with a local attorney or online resources to understand your state's notary procedures and requirements. Following these steps ensures your document is legally sound and ready for use when needed.

Frequently Asked Questions

Who can be my agent?

Your agent can be any trusted person, such as a family member or close friend. It is critical to choose someone who understands your medical preferences and is willing to advocate for them. Ensure the person is willing to take on this responsibility.

Can I change my medical POA?

Yes, you can change or revoke your medical POA anytime, as long as you are competent. To do so, you should complete a new medical POA document and inform your previous agent, healthcare providers, and any relevant parties.

What happens if I don’t have a medical POA?

Without a medical POA, your healthcare decisions may fall to family members or a court-appointed guardian. This can lead to disputes or decisions that do not align with your wishes. It's wise to have this document in place to ensure your preferences are honored.