One of the most challenging situations a family can face is when a loved one requires medical care but is not able to make medical decisions for themselves, either due to physical incapacitation or dementia. In these cases, it may not be readily apparent who has the right to make medical decisions on behalf of the individual or what types of intervention that family member may even want.
That’s why it is so important for seniors to establish a healthcare power of attorney, which gives legal authority to a specific person (known as an agent) to make medical decisions on the person’s behalf if that person can’t make medical decisions for themselves.
In order to create a power of attorney, an individual must display a sound mind when composing and signing the document. Seniors need to fill out a power of attorney when they are healthy so that there isn’t chaos or confusion when it is too late.
Creating a Power of Attorney
While your estate planning attorney or elder law attorney can provide you with a power of attorney form, it is much cheaper to pick up the form for free at your local hospital, doctor’s office, or nursing home. You can even download it from our resources. Each state has its own form, so if you’re printing out a form online, make sure it is for the state in which you reside (ours is for the state of California).
Appointing Your Agent
Most married couples prefer to assign their spouse as the decision-making agent, but this might not always be the best idea, especially if you establish power of attorney when you are healthy. It may be years or even a decade before the power of attorney needs to be used, and by that time an elder spouse may also be incapacitated or deceased.
If you don’t think you’ll need the Power of Attorney right away, you may consider asking a younger sibling or a grown child to serve.
Whomever you choose as your agent, it’s important that you feel confident that this individual is trustworthy and will make decisions that are in your best interest. When it comes to making medical decisions, you can make the process easier for your agent by clearly stating your preferences, especially related to certain intervention options if you are being kept alive artificially or are pronounced brain dead.
While no one likes to think about being incapacitated and unable to make medical decisions, it is far worse to put your family in a situation where it is not clear who can make medical decisions for you or what kind of care you would want. Creating a power of attorney is simple, can save your family a lot of heartache, and ensures that you get the care you want.