Many people have strong opinions regarding the types of medical treatments or procedures they do or don’t want to receive in the event of an emergency. However, sometimes, unexpected illnesses or injuries come up, and it’s not possible to communicate those wishes to doctors.

That’s where a medical power of attorney (POA) comes to the rescue. Read on to find out how a medical POA works, where to find and complete a medical POA form, and common mistakes to avoid when setting up your POA.

Key Takeaways

• A medical power of attorney (POA) is a legal document that appoints someone you trust to make healthcare choices for you if you cannot make those choices.
  
  

• Each state has its own legal requirements to validate a power of attorney form. These usually center on who witnesses the form and whether it needs to be notarized.
  
  

• As long as you’re still able to make your own decisions, you can revoke your medical POA at any time by creating and submitting a revocation form.

What Is a Medical Power of Attorney Form?

A medical power of attorney (POA) is a legal document that enables you to appoint another person to make medical decisions on your behalf if you cannot make those decisions in the future.

You may also hear people refer to a medical power of attorney as a healthcare power of attorney or a healthcare proxy. But all these terms mean the same thing, and they’re often included within someone’s advance directive or their living will.

“These documents typically also include more than simply designating who you want that person to be,” adds Ben Michael, an attorney at Michael & Associates in Dallas, Texas. “… They will often also outline general ideas of how you would like certain medical decisions to be made, giving you the opportunity to have a bit more medical control.”

As a result, a medical POA is definitely a powerful tool worth incorporating into your wider legacy plan. It will enable you to appoint a loved one you trust to make the right choices when the time comes, and you’ll also be able to spell out the treatments you do or do not want.

Where to Get a Medical POA Form

​​”You can find a medical POA form from various sources,” explains Kalim Khan, co-founder and senior partner at Affinity Law in Toronto. “… Many states provide free forms on their government websites, making it accessible for residents to obtain the necessary documents. Hospitals and healthcare providers often have forms available, and legal service websites offer customizable templates.”

For example, California has a customizable medical POA form as part of its free online advance directive template.

That being said, it’s also possible to draw up your own medical POA. This will generally require consultation and support from an attorney because there are requirements you must fulfill to ensure your POA is legally recognized.

It’s important to remember that medical POA requirements vary by state. You’ll need to consult the rules in your home state to ensure your document fulfills those requirements, otherwise, it might not be legally binding.

Steps to Fill Out a Medical Power of Attorney Form

The steps you’ll need to take to complete your medical POA form may vary slightly depending on the state you live in. We’ll touch upon those variations in just a minute.

First, let’s take a quick look at the general steps you can expect to encounter when completing a POA form in most states.

1. Enter your details

Regardless of the template you’re using, every medical POA form will require you to enter all of your basic details. This includes identifying information like your:

• Full name

  
  

• Address

  
  

• Telephone number

Some templates might also ask for your date of birth, cell phone number, or email address.

2. Enter your agent’s details

Next, you must add information about the individual you appoint as your agent, or proxy. This is the person who’ll make medical decisions on your behalf if you’re unable to. Most POA forms require identifying information about your agent, including their full name, address and telephone number.

Some state forms also include optional sections where you can appoint an alternate agent. This is essentially a backup proxy in case your first appointee is unavailable, unable, or unwilling to step in if something happens to you.

3. Define the scope of your agent

After entering your agent’s details, most medical POA forms have a section that lets you detail the power of your agent. 

For example, maybe you’re happy to let your medical agent make any choice on your behalf, apart from approving intubation. This is the part of your POA where you can express your detailed wishes.

Some state forms include a series of tick boxes for you to outline the scope of your healthcare agent. Others simply include a blank space for you to write out your own wishes.

4. Sign your POA form

Your medical POA won’t be valid until you’ve signed it. Your appointed agent may also need to sign the form.

It’s important to note that some states require you to sign your medical POA form in the presence of witnesses. 

There are even rules about who can or cannot witness your signing. So, it's important to check your state's requirements or talk to an attorney to ensure you're following the rules the right way.

5. Get your POA notarized

Remember how we keep saying that medical POA requirements vary by state? This same rule applies here.

Some states won’t accept a power of attorney form until it’s been signed and dated by a notary. Other states don’t require your POA to be notarized.

If required, ensure your POA is signed and dated by a notary. If not, you can skip this step.

That’s all there is to it.

After you finish your medical POA, you need to share copies of it with people who need it. Keep the original document somewhere safe and easy to find. 

That’s where Trustworthy can offer vital support.

Trustworthy's dynamic Family Operating System® enables you to upload, store, and manage all your important family documents using one accessible dashboard.

State-Specific Requirements for Medical Power of Attorney Forms 

“​​Each state in the U.S. has its own legal requirements for Medical POAs, which can include different stipulations about witnesses, notarization, and the types of decisions an agent can make,” explains Affinity Law’s Kalim Khan.

For example, Texas state law gives you the option to either have your POA notarized or get it signed in the presence of two witnesses. You get to choose.

But if you opt for witnesses over a notary, those witnesses cannot be:

• Related to you by blood.

  
  

• Named as a beneficiary of your estate.

  
  

• Your physician or an employee of your physician.

The same witness rules apply in Kansas and Illinois, although Illinois law only requires one witness instead of two.

By contrast, New York state doesn’t require a notary’s signature. 

Instead, you’re simply required to gather two witness signatures, and there are fewer rules about how your witnesses can be. New York state law allows a blood relative or beneficiary of your estate to be a witness on your POA form.

The only stipulation is that your witnesses be at least 18 years old and are not your appointed healthcare agent or your alternate agent (if you’ve named one).

When in doubt, you should check the requirements on your state government website or get in touch with your attorney. They’ll be able to guide you through the process.

Common Mistakes When Filling Out a Medical POA Form

Your medical POA form is a critical tool to ensure your healthcare wishes are honored in the future. As a result, you should do everything you can to avoid mistakes on your POA form.

To help you steer clear of these errors, we’ve reached out to medical and legal professionals for their take. Here’s what they think.

1. Failing to Appoint an Alternate

According to Martin Gasparian, attorney and owner of Maison Law in California, one of the biggest mistakes individuals make is to put all their eggs in one basket.

“One common mistake I have observed is not including backup agents for your appointed agent,” he says. “Many times, people select one representative without considering whether or not that individual would be reachable to rely upon as needed.”

Quite a few states include sections for you to appoint one (or even two) alternate healthcare agents.

2. Being Too Vague

Your POA is supposed to give physicians and family members a clear path forward if you’re unable to speak for yourself or make your own choices. As a result, you need to ensure the wording is clear on your POA. Likewise, don’t be afraid to get specific.

“​​A person may specify on a medical POA which physicians they choose (or refuse) to work with, organ donation wishes, additional POAs (and whether all parties must agree on medical decisions), and how medical billing should be handled,” says ​​Dr. Abid Nazeer MD, psychiatrist and chief resident at Symetria Recovery.

The more details provided on your POA form, the less likely it is that your agent will make the wrong choices.

3. Forgetting to Update Your POA

“Not changing the Medical POA after a significant life event, such as a marriage, divorce, or relocation to a new state with differing laws, is another frequent error,” says Maison Law’s Martin Gasparian.

To avoid this mistake, block off some time after big life events to review your POA and determine whether changes are required. 

For example, if you’ve drifted apart from your appointed agent over the years, it could be worth updating your POA to appoint someone who better understands your current wishes.

Where to Store Your Medical Power of Attorney 

“​​Once completed, a Medical POA should be stored in a safe but accessible place, such as a secure file at home, with your attorney, or even uploaded to a secure digital platform if available,” says Kalim Khan of Affinity Law.

This is where Trustworthy can help. Everything you upload to Trustworthy is protected by 256-bit AES encryption keys, multi-factor authentication, and tokenization, which means your documents are as secure as possible.

Trustworthy’s collaborative features also let you share secure access to specific documents as and when required. This is ideal when you’re working with legal or medical professionals when creating a healthcare or legacy plan because it gives everyone access to the same essential documents.

As a general rule of thumb, you should share your medical power of attorney with your lawyer, main healthcare provider, your agent, and close family members. This ensures everyone in your life is on the same page, avoiding confusion or controversies in the future if you’re unable to communicate your wishes later.

Check out Trustworthy’s range of features to learn more about how it can help you plan for the future.

When to Update Your Medical Power of Attorney Form

“You should update your Medical POA whenever your healthcare preferences change, or there is a significant life event, such as a marriage or change in health,” says Affinity Law’s Kalim Khan.

Even if you haven’t experienced a significant life event, you should review your POA form annually. 

This is a good way to ensure everyone’s contact details are still correct so that your medical providers know how to get in touch with your agent if required.

How to Revoke a Medical Power of Attorney

If you completely change your mind, it’s possible to revoke your medical POA. The process might vary by state, but generally speaking, you’ll need to:

• Create a revocation document.

  
  

• Get your revocation document signed (this may require witnesses).

  
  

• Submit your revocation document to your attorney.

  
  

• Share the document with your agent, healthcare providers, and family members.

Remember that you can only take back your medical POA if you're sound of mind and can make your own decisions. If you’re unable to do so, it’s still possible to revoke a POA, but this process will likely need to be carried out in court to demonstrate that your appointed agent hasn’t behaved appropriately. 

Frequently Asked Questions

How much does a power of attorney cost?

The cost of your medical POA will depend on whether you’ve consulted a lawyer and whether you require the signature of a notary.

Does a power of attorney need to be notarized?

You may or may not need to have your medical POA notarized. This requirement varies by state.

Can I do a power of attorney myself?

Yes. Most state governments provide free POA templates you can complete independently. That being said, it might offer peace of mind to carry out the process with the support of an attorney.