If you’re unable to make your own healthcare decisions, being well-prepared guarantees smooth outcomes. If you have a medical power of attorney, you must inform key stakeholders in advance. 

One of the most common questions in this case is, “Who should have copies of my medical power of attorney?” We’ll explain who needs access to this important information.

Key Takeaways

• You should give copies of your medical power of attorney to your healthcare agent, physician, family and friends, and other important healthcare providers.

• Also consider giving copies to other important recipients, such as the admissions department at a nursing home.

• Create digital copies of your medical power of attorney and store them on a secure platform like Trustworthy.

Who Should Get a Copy of Your Medical Power of Attorney Form

Distributing copies of your medical power of attorney (MPOA) to key individuals and organizations is vital for ensuring your healthcare wishes are respected and that your healthcare agent can act effectively. Here's a more comprehensive breakdown of who should have copies.

Key Recipients

Provide multiple copies to your designated healthcare agent. This is vital for them to understand their authority and responsibilities and to have backups in case one copy is lost or damaged.

Share copies with close family members and friends you trust. This will inform them of your healthcare wishes and empower them to advocate for you if needed, especially if your healthcare agent is unavailable or unable to act.

Give a copy to your primary care physician. This will ensure they are aware of your MPOA and can follow your healthcare instructions. Consider providing copies to other healthcare providers, such as specialists or therapists, who may be involved in your care. This will help them understand your wishes and coordinate your treatment accordingly.

You should also provide copies to your attorney. Lauren Klein, an attorney and co-founder at Flourish Law Group in Fort Lauderdale, Florida, advises:

“You should retain both originals and PDF copies of your medical power of attorney form and other important estate planning documents, and it may be advisable to also provide copies to the person or persons you have named to make medical decisions on your behalf. At Flourish Law Group, we also keep our clients' documents in our cloud-based software in case they get lost or destroyed. We also have a digital vault where clients can access their documents from anywhere in the world.”

Additional Recipients (Optional)

If you are admitted to a hospital or nursing home, provide a copy of your MPOA to the facility's admissions department. This will guarantee that your healthcare agent has access to your medical records and can make informed decisions. 

Provide copies to your emergency contacts, such as neighbors or friends who you trust to assist you in case of an emergency.

Tips for MPOA Distribution

Consider storing a copy in a safe deposit box for added security. For secure digital protection, you can consider a service like Trustworthy. Trustworthy is essentially a digital safety deposit box where you can store important documents, such as your medical power of attorney, and share them with trusted sources. 

With Trustworthy, you can store your private documents safely and allow only select individuals to access them. 

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.

If your MPOA changes or you appoint a new healthcare agent, ensure recipients have the most recent version. By distributing copies of your MPOA to these individuals and organizations, you can help ensure your healthcare wishes are carried out and that your loved ones have the information they need to advocate for you.

The Role of Your Healthcare Agent

Your healthcare agent plays a vital role in advocating for your medical treatment preferences and ensuring your healthcare decisions are respected when you are incapacitated.

Making Informed Medical Decisions

Your agent is responsible for making medical decisions on your behalf when you’re incapacitated. This includes understanding your medical condition and evaluating treatment options provided by healthcare professionals.

To make informed decisions, your agent must communicate effectively with doctors, nurses, and other healthcare providers. They should be familiar with your medical history, including any chronic conditions or previous surgeries, to make sure that decisions align with your best interests.

Your agent should also have access to your medical records and consult them when making choices about your care. This helps in evaluating potential treatments or procedures and weighing the benefits against the risks involved.

Values and Healthcare Preferences

Your healthcare agent needs to understand your values and healthcare preferences. This understanding will guide them in making decisions that reflect your wishes, especially in critical situations like end-of-life care.

Discuss your preferences for medical treatment with your agent in detail. This can include your thoughts on pain management, life support, and other interventions. Your agent must know whether you prefer aggressive treatment to prolong life or comfort-focused care if faced with a terminal illness.

Documenting your preferences in an advance directive or living will provide clearer guidance for your agent. Regularly review and update these documents to ensure your healthcare preferences are current and accurately represented.

Executing Your Medical Power of Attorney

For a medical power of attorney to be legally binding, it generally requires signatures from witnesses. These witnesses confirm that you, the principal, are of sound mind and not under coercion when signing.

Typically, you need two witnesses. They must be impartial individuals who aren’t related to you by blood, marriage, or adoption and won't benefit from your estate. This impartiality helps prevent any potential conflicts of interest. During the signing, ensure the witnesses are physically present, as their presence will verify your mental competence and voluntary action.

In addition to witnesses, notarization can significantly enhance the legal standing of your medical power of attorney. A notary public verifies your identity and willingness to sign the document, providing another layer of protection against fraud.

Refer to our comprehensive guide on medical attorney forms to learn where to obtain the form and how to fill it out to get the process started.

Frequently Asked Questions

What happens if I don’t have a medical power of attorney?

If you don't have a medical power of attorney, healthcare decisions might be made by medical staff or designated by state laws. This could result in decisions that might not align with your wishes or those of your loved ones.

Are there any limitations to a medical power of attorney?

There might be limitations based on state laws or specific medical institutions. Your representative cannot override your written wishes. It's vital to review state regulations and certify your document is legally sound to avoid any issues.

How often should I review my medical power of attorney?

You should review your medical power of attorney periodically to make sure it still reflects your wishes. Life changes such as a new diagnosis, changes in relationships, or moving to a new state may necessitate an update. Regular reviews help keep everything current.