A healthcare power of attorney (HCPA) is a legal document that empowers an individual to make decisions about another person’s medical care. The term ‘Health Care Power of Attorney’ references both the document and the legally authorized individual.
Key Takeaways
- An HCPA designates an individual to speak and make decisions on your behalf regarding your medical condition and care.
- Carefully choosing a trustworthy HCPA is paramount as they may need to make critical life-and-death decisions for you.
- Although setting up a HCPA is relatively straightforward, states have varying rules and forms, so it’s important to follow state-specific guidelines.
Understanding Healthcare Power of Attorney
An HCPA allows someone who cannot communicate to have their medical care wishes met. The designated persons on the HCPA become the sick or injured person’s agent or healthcare proxy. Usually, the form asks for alternates in case the primary HCPA is unavailable. Since each state has its procedural nuances, it’s crucial to use state-specific forms and follow local regulations.
Healthcare proxies communicate with doctors to avoid unwanted treatments and ensure correct decisions are made. Writing an HCPA involves filling out a form and having it notarized. It can be changed or revoked by destroying the old HCPA and making a new one.
Why You Need a Healthcare Power of Attorney (HCPA)
A Step Toward Better Care
Imagine being physically incapacitated and unable to communicate your medical wishes. An HCPA ensures someone you trust can make decisions in alignment with your preferences.
Peace At The End of Life
For those nearing end-of-life, having a healthcare proxy to fulfill personal wishes can be immensely comforting. This becomes helpful even if one is comatose or unconscious.
Personal Choice Matters
Personal comfort levels with an HCPA vary. Some may feel uneasy about relinquishing control, indicating that having an HCPA remains a deeply personal decision.
How It Works
When an individual becomes too ill to communicate, the HCPA takes effect, granting the named person the authority to make life-and-death decisions. The HCPA file can include specific directives as well as general insights like ethical beliefs.
Choosing a Healthcare Proxy
Clarity and Caring
Naming a healthcare power of attorney communicates your medical care preferences clearly, simplifying care decisions for everyone involved.
Intimate and Trusting Choice
Trust is vital, and your HCPA must be someone with whom you share a special, comfortable rapport. Relationships and feelings may change, so you have the freedom to reassign your HCPA at any time.
Flexibility to Update
You are free to change your HCPA by revoking the original document and creating a new one with an updated Healthcare Proxy.
How to Set Up an HCPA
To appoint an HCPA, fill out a form naming the individual along with any medical care stipulations. Some states (Indiana, New Hampshire, Ohio, Texas, and Wisconsin) require a state-specific form. Some states mandate witnesses in nursing homes. The form usually needs your name, date of birth, the HCPA’s identifying information, and may require notarization (in states like Missouri, North Carolina, South Carolina, or West Virginia). Once signed, it takes immediate effect.
Related Terms: advanced directive, attorney-in-fact, terminally ill, do-not-resuscitate, notarized.
References
- American Bar Association. “Giving Someone a Power of Attorney for Your Health Care”, Page ii.
- American Bar Association. “Giving Someone a Power of Attorney for Your Health Care”, Page 4.
