In the event that you’re incapacitated, a health agent you’ve assigned medical power of attorney to can make your health decisions.

Once you’ve chosen a health agent, you typically distribute copies of the document to key stakeholders like your physician and family/close friends. But who keeps the original medical power of attorney document? Let’s find out.

Key Takeaways

• Be sure to keep your original medical power of attorney document in a secure location that’s easily accessible.
  
  

• Your medical power of attorney should clearly outline your wishes for or against medical treatment should you become incapacitated.
  
  

• It’s important to distribute multiple copies of your medical power of attorney to important people in your life. 

Who Keeps the Original Medical Power of Attorney Document? 

Typically, you should keep the original copy of your medical power of attorney (MPOA) in a safe and accessible location. You can keep it yourself in a safe deposit box or have a trusted family member or friend hang on to it. However, be sure they understand the importance of keeping it safe and accessible.  

Alternatively, you can store a digital copy on a platform like Trustworthy alongside your other important documents. Trustworthy allows you to store your private documents safely and share them with select individuals.

Since you can have everything in one place, you can also store other important 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. Your family can also access any documents they need in the event of your incapacitation. 

Understanding Medical Power of Attorney

A medical power of attorney guarantees your health care wishes are respected when you cannot communicate them yourself. You appoint an agent, also known as a healthcare proxy, to make medical decisions for you.

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

“Having a medical power of attorney is crucial because life is unpredictable. We don’t have a crystal ball, and therefore, we can’t foresee when an illness or injury might leave us unable to communicate. In those moments, it’s essential to have someone we trust who can step in and make decisions on our behalf.”

The document must be properly signed and, in some cases, notarized by a notary public or signed by witnesses. However, it’s important to note that requirements vary by state. It should clearly outline the scope of decisions the agent can make, such as consenting to or refusing treatment. The agent's responsibilities usually begin only when you are deemed incapacitated by a healthcare professional.

Sometimes, this document is part of an advance directive, including other instructions like your end-of-life wishes. It’s important to update it regularly to make sure it aligns with your current preferences and state laws.

Distributing Your MPOA

Once the power of attorney is signed, make multiple copies. Give one copy to your primary medical doctor. Sometimes, they will want the original. If they ask for the original, have them scan or copy it for your medical records and return the original to you. Also, give copies to other healthcare providers who you see regularly. 

If you live in a nursing home or assisted living facility, give a copy to the administrator. If you go to the hospital, take a copy with you. If you don't think your agent will need to use the power of attorney any time soon, keep the original and give your agent and each of your successor agents a copy.

Be sure to tell your agent where to find the original. If you are already sick or think your agent might need to use the power of attorney soon, you can give your agent the original, but be sure to keep a copy for yourself.  

Storing a copy on Trustworthy ensures your agent, family members, and healthcare providers can easily access it in the event of an emergency. Trustworthy has advanced safety features, including AES 256-bit encryption, to keep your documents safe and secure.

Roles and Responsibilities of Your Health Agent

In understanding who keeps the original medical power of attorney document, it's vital to also know the roles and responsibilities assigned to key individuals involved. The agent, also known as a healthcare proxy, is the person you designate to make healthcare decisions if you become incapacitated.  

An agent must communicate effectively with healthcare providers, making certain that their autonomy is respected. They handle decisions about treatment options, including life-support measures and routine medical care. It's vital to discuss your wishes thoroughly with your chosen agent to avoid misconceptions.

An agent's ability to understand medical information and communicate clearly with physicians is vital for this role. Their decisions can significantly impact your care, emphasizing the importance of selecting someone reliable and informed.

Estate planning attorney Anitra Walker notes a common mistake people make in regard to their agent. She explains:

“One of the most common mistakes people make is not listing a backup agent. Most of us know right off the bat, the one person they would want to make healthcare decisions for them if they could not make those decisions for themselves. This is great! However, we need to consider what would happen if that one person was not available. For this reason, it is best to have two backup agents listed.”

Revoking or Changing a Medical Power of Attorney

It is crucial to understand how and when to revoke or update a medical power of attorney (POA) to ensure  your healthcare decisions reflect your most current wishes. 

When and How to Revoke a Medical Power of Attorney

You can revoke your medical power of attorney at any time, as long as you are a competent adult. Revocation becomes necessary if your designated agent is no longer suitable or if your values and wishes have changed. To revoke this legal document, you will need to sign a revocation statement. Be sure this statement is notarized to validate your intent.

Your revocation document should clearly outline your intention to nullify the existing medical POA. It’s also vital to inform your agent, healthcare providers, and any relevant institutions about this revocation. Physical destruction of the original document, such as tearing or burning it, can also revoke a medical power of attorney.

Updating Your Medical Power of Attorney

You might need to appoint a new agent due to changes in relationships or if your current agent is no longer available. To update, draft a new medical power of attorney document that outlines your current preferences and designate a competent adult as your new agent.

Sign and notarize the new document, and distribute copies to your health care providers, your newly appointed agent, and any backup agent as a precaution. It's advisable to review and update your medical POA periodically to account for any life changes, ensuring your durable power of attorney for health care remains accurate.

Frequently Asked Questions

What should I do after signing a medical power of attorney?

After signing a medical power of attorney, keep the original document in a safe location where it can be easily found. It's also important to provide copies to your designated agent, healthcare provider, and any family members who should be informed. Regularly review and update the document as needed.

Is a medical power of attorney valid in all states?

While a medical power of attorney is recognized in most states, specific rules and requirements can vary. Some states may have different names for this document, like a health care proxy. It is advisable to check your state's specific laws to guarantee your document complies with local regulations.