Despite how careful you may be, you might still find yourself in a situation where you’ve misplaced an important document. If you’ve lost the original version of your medical power of attorney (MPOA) form and you’re wondering what to do, we have you covered.

We’ll explain the steps to take if you lose the original form and offer tips for safeguarding it in the future.

Key Takeaways

• If you lose your medical power of attorney form, it’s important to take swift action to replace it and start by contacting your lawyer.

• If you can’t locate a copy of your medical power of attorney form, you’ll need to recreate it.

• Store your important documents in a secure location like Trustworthy to avoid situations where you can’t find your medical power of attorney or other important documents. 

Steps to Take if You Lose Your Medical Power of Attorney Form

A medical power of attorney allows you to appoint someone to make healthcare decisions on your behalf if you are incapacitated. It guarantees your medical preferences are respected, even if you cannot communicate them yourself.

Losing your original medical power of attorney can be troubling; however, prompt action makes recovery possible. Here are some plausible actions you can take if you’ve misplaced this document:

Contact Your Attorney

If you lose your MPOA, your lawyer should be your first point of contact. Attorneys typically keep copies of legal documents, including durable power of attorney for health care forms, and can quickly provide a replacement.

Anitra Walker, an estate planning attorney at Walker Law in Atlanta, advises:

“If a client loses their advance healthcare directive or medical power of attorney and their wishes have not changed, I would simply forward them an electronic copy of the executed document, as our office keeps electronic copies. In most states, a copy is the same as the original. However, if a client wanted to make changes, we would simply draft an updated document outlining their current wishes.”

Inform your attorney about the loss immediately. They can guide you through the next steps and keep a record of the replacement’s issuance. Additionally, they'll help you ensure any new form is notarized correctly and witnessed, maintaining its legal effectiveness.

Obtaining a Copy From Your Physician

Physicians often retain copies of medical directives like the MPOA in their records. Reach out to your healthcare provider's office to request a copy.

Explain to the staff that you have lost your original document and need a replacement. This might involve filling out a request form and providing identification. Once you secure the copy, ensure it is still valid and up-to-date, especially if there have been any changes in your medical preferences or designated agent.

Recreating the Document

If you can’t obtain a copy, you'll need to recreate the MPOA from scratch. 

Start by contacting your attorney for the necessary forms. Fill out all sections meticulously, naming a reliable family member or friend as your agent. Once completed, have the document notarized by a notary public to certify its legal validity. 

Your lawyer can also facilitate this process, ensuring the new document meets all state-specific requirements. Remember to keep the new MPOA in a secure location and inform your physician and family members of its whereabouts.

Preventing Future Loss or Damage

To ensure your medical power of attorney (MPOA) is not lost or damaged, you can consider secure storage, sharing copies with trusted individuals, and digital storage solutions.

Storing Documents Securely

Store your MPOA in a fireproof and waterproof safe. This prevents physical damage from environmental factors such as fire or flooding. Additionally, keep copies of your MPOA in an accessible location known to your healthcare proxy or estate planning lawyer. 

Keep a record of where the original document is stored. You can use a digital record-keeping tool like Trustworthy to securely store sensitive documents like this. By choosing Trustworthy, you can store your private documents safely and control who has access to them by granting permissions to different users. 

Trustworthy’s advanced security features, including two-factor authentication (including hardware keys), and AES 256-bit encryption, ensure your information doesn’t get into the wrong hands. 

Sharing Copies With Trusted Individuals

Distribute copies of your MPOA to individuals you trust. This includes your healthcare proxy, doctor, and family members. Providing them with a copy ensures they can access it when needed.

Inform these individuals where the original is stored. This allows them to find it in case of an emergency. Ensure they understand the document's importance and how to use it.

Sharing copies with your healthcare provider is also vital. This guarantees that your medical wishes are known and can be acted upon. Your doctor will include this in your medical records, making it easily accessible.

Digital Storage Solutions

Consider scanning your MPOA and storing it digitally. Use a secure, accessible cloud storage service like Trustworthy, which allows you to access the document from anywhere with an internet connection.

Digital storage provides an additional layer of security against physical damage. Be sure the digital copy is just as legally valid as the original. Consult your estate planning lawyer to confirm this.

Use password protection to secure digital files. Sharing access with trusted individuals guarantees that they can retrieve the document if needed. Also, remember to regularly update the storage service and check the integrity of the files.

Legal and Healthcare Considerations

If you’ve lost your original medical power of attorney, it's critical to understand how legal changes and personal circumstances can affect your documents and decision-making authority.

You should review your medical and legal documents regularly to ensure they reflect your current healthcare wishes. Advances in medical care, changes in your health condition, or shifts in personal relationships might necessitate updates.

If significant time has passed since you first created your medical POA, check with a lawyer to ensure the document complies with current laws. Frequent reviews help confirm that your appointed agent still aligns with your values and choices.

Frequently Asked Questions

What’s the difference between a medical and durable power of attorney?

A medical power of attorney authorizes someone to make healthcare decisions on your behalf. A durable power of attorney can apply to financial and legal decisions and remains in effect if you become incapacitated. 

Do I need a lawyer to draft a medical power of attorney?

It's recommended to consult with a lawyer to draft a medical power of attorney. This certifies the document meets legal requirements and comprehensively covers your needs. Some states offer standard forms. However, professional advice can provide additional security.

Should I report the loss of my MPOA to the authorities?

No, you typically do not need to report the loss of your medical power of attorney to government authorities. This document is a personal legal agreement. Your first step should be to notify your designated agent and healthcare providers. Let them know the document is lost so they know the situation.