Medical Power of Attorney
Depending on which state you
live in, a durable
power of attorney for health care could also be called a medical power
of attorney, a health care proxy, or medical proxy.
It is also important to know that a medical power of attorney is not
the same as a durable power of attorney for financial matters.
The durable power of attorney for health care is a document you create
to give your agent the authority to make health care decisions for you.
An agent is the person empowered to make decisions on your behalf under
the durable power of attorney.
These health care related decisions are made as if she or he were you.
These decisions run the gamut, including the authority to remove you
from life support.
Even though you might already have a living will, you still need a
medical power of attorney. A living will only gives guidance as to
types of medications you would want, but it does not give authorization
to anybody to make decisions on your behalf.
This means
that if you are unconscious or otherwise incapacitated, only the doctor
has the legal power to determine your treatment. Therefore, if you do
not give someone this power, it also may not be possible for your loved
ones to remove you off life support, regardless of the circumstances.
While this is still an emerging law in the United States, most doctors
will try to honor your wishes if you have previously presented the
document which is written in a clear and convincing way. Many times
when doctors have not followed the
known wishes of a patient, it was because they were not aware of the
document's existence. Once you have these written up, make sure they
become a permanent part of your medical records.