Unexpected events like a major accident or an illness can render you unable to make your own medical decisions. This is where your medical power of attorney comes in. To assign someone this power, you must fill out a medical power of attorney (MPOA) form.
We’ll list the steps to take to obtain the form and explain how to use it.
Key Takeaways
You can obtain a medical power of attorney form from legal professionals or healthcare facilities, or online.
Each state has its own requirements, but you’ll typically need two witnesses present when signing the form to ensure it’s valid.
It’s crucial to communicate your wishes to your chosen medical power of attorney agent ahead of time.
How to Get a Medical Power of Attorney Form
The good news is, there are a few ways you can go about obtaining a medical power of attorney form.
Online Resources
State government websites: Many states offer free downloadable MPOA forms on their official government websites. Search for "[Your State] Medical Power of Attorney Form" to find the relevant page.
Legal document websites: Websites like Rocket Lawyer, LegalZoom, and Nolo provide customizable MPOA templates you can fill out online. These services may charge a fee.
Legal Professionals
Attorney: A lawyer can help you create a customized MPOA that addresses your specific needs and concerns. They can also advise you on local laws and regulations.
According to Lauren Klein, co-founder of Flourish Law Group in Fort Lauderdale, Florida, an attorney can be a vital resource. She explains:
“It is generally recommended to work with an estate planning attorney to ensure that the medical power of attorney form and other forms are properly completed and executed as part of a comprehensive estate plan. However, if someone does not have the financial resources to hire an attorney, each state generally offers free options. For example, in Florida, the Florida Bar has links to different forms and related resources.”
Notary public: While they cannot provide legal advice, notaries can often help you find MPOA forms or witness your signature on a completed form.
Healthcare Facilities
Hospitals: Some hospitals may have MPOA forms available for patients.
Nursing homes: If you are considering a nursing home, they may provide MPOA forms or information on obtaining one.
Note that MPOA laws and requirements vary from state to state. It's important to obtain a form specific to your state to certify legal validity. While online templates can be convenient, consulting with an attorney can provide personalized guidance and help you avoid potential legal issues.
Steps to Obtain an MPOA
Consult with a legal professional: It's highly recommended to seek advice from a lawyer specializing in estate planning or probate law. They can help you understand the complexities of U.S. MPOA laws and create a customized document that aligns with your specific needs and preferences.
Gather necessary information: Prepare a list of your healthcare preferences, including your views on resuscitation, organ donation, and end-of-life care. Also, have your chosen healthcare agent's contact information ready.
Choose a form: You can obtain a pre-printed MPOA form from a legal professional or online. However, it's advisable to consult with a lawyer to ensure it complies with U.S. laws and addresses your unique circumstances.
Complete the form: Carefully fill out the form, ensuring that all required information is accurately provided and that your wishes are clearly expressed.
Witness and notarization: Have two witnesses sign the MPOA, and then take the document to a notary public for notarization.
By following these steps and seeking professional guidance, you can guarantee your healthcare wishes will be respected and that your loved ones are empowered to make important decisions on your behalf when needed.
Using the Medical Power of Attorney
Effectively using a medical power of attorney involves ensuring your healthcare wishes are respected and communicated. It’s vital to understand when the MPOA becomes effective and how it applies to various medical scenarios.
Your MPOA agent may also need access to your private records or documents during the period when you’re incapacitated, which is why organizing and storing your files digitally is critical. To guarantee secured access to this information, a platform like Trustworthy can come in handy. With Trustworthy, you can store your private documents safely and allow only select individuals to access them by granting specific permissions.
You can also use Trustworthy to 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 AES 256-bit encryption, you can rest assured that your personal information is safe.
Communicating Your Wishes
It’s important to communicate your healthcare wishes to your chosen MPOA agent as soon as possible. This includes specifying preferences for treatments such as life support, surgeries, or any medical procedures you may need.
Discuss in detail: Have an in-depth conversation with your agent to discuss potential medical treatments and scenarios. Provide them with written documentation, like an advance directive, to ensure your desires are clear.
Inform medical professionals: Your healthcare provider and the hospital should have copies of your MPOA document. Make sure they understand your stipulated health care decisions. This helps avoid any confusion if you become incapacitated.
Regular updates: Periodically revisit and update your MPOA document to reflect any changes in your health condition or medical preferences.
An MPOA typically becomes effective once you are deemed unable to make your own medical decisions due to incapacitation. This can occur due to serious illness, surgery, or an accident.
Medical determination: A medical professional will assess your ability to make health care decisions. The MPOA document often includes specific guidelines for determining incapacitation.
Legal activation: Once you’re declared incapacitated, your MPOA agent gains the authority to make medical decisions on your behalf. This includes approvals for specific medical procedures or discontinuation of life support.
Scope of authority: The MPOA may specify the range of decisions your agent can make. Ensure your document covers important medical treatments and scenarios relevant to your situation.
Frequently Asked Questions
Can a medical power of attorney be revoked?
Yes, you can revoke a medical power of attorney at any time as long as you are mentally competent. To do this, you should provide written notice of the revocation to your agent and healthcare providers. It’s a good idea to also create a new document if you wish to appoint a different agent.
Does a medical power of attorney expire?
Typically, a medical power of attorney has no expiration date unless you specify one when you create the document. It remains in effect until you revoke it. Certain states may have specific laws, so check your local regulations for detailed information.
Who can be appointed as an agent?
You can appoint any adult you trust to act as your agent. Often, people choose a close family member or friend. It's important that the person understands your healthcare preferences and is willing to act on your behalf.
Trustworthy is an online service providing legal forms and information. We are not a law firm and do not provide legal advice.
