What Is a Medical POA and Do You Need One?

What Is a Medical Power of Attorney and Why Do You Need One?

You may have heard of a power of attorney. But what is a medical power of attorney? We take a closer look at exactly what it involves.

Keyword(s): medical power of attorney

What if you were rendered unconscious, and doctors wanted to perform surgery on you? What if your elderly parent suffered from dementia and yet needed certain medical procedures performed?

These hypothetical situations are why having a medical power of attorney in place is so important. You never know when you or a loved one may be unable to make important medical decisions.

By having a medical power of attorney in place before a crisis, you can rest assured that someone you trust will make those crucial decisions on your behalf.

Here are four important facts you need to know about POAs in Texas. They may come in handy for when you least expect it.

1. Everyone Should Have a Medical Power of Attorney

If you have an aging relative, you should definitely advise them to put a medical POA in place in case they are ever physically or medically incompetent to make decisions regarding their own healthcare.

A medical power of attorney is a document, signed by a competent adult designating someone they trust to make health care decisions on their behalf should they become unable to make such decisions.

While medical POA is one important document that seniors should put in place as part of their overall estate planning, you do not have to be elderly to have one. Unfortunately, illness and injuries can happen at any time.

It's better to be safe than sorry and have one of these documents in place. Its especially important if you have firm religious or other convictions regarding your healthcare that you want to be sure are obeyed in case you are unable to speak for yourself.

2. Medical Power of Attorney is Not the Same as Durable Power of Attorney

Medical POA is just that- it only pertains to medical decisions. Durable power of attorney extends to the right to handle other decisions including financial ones. If you have a durable power of attorney, you will have the ability to pay bills and sign agreements on behalf of a disabled or elderly person.

Durable POA lasts until the principal says it is over. Medical POA, on the other hand, lasts only through the perosn's period of incompetency. If they get better, a doctor may determine they are now able to make their own healthcare decisions.

3. Medical Power of Attorney Does Not Incur Financial Liability

You are not liable for the person's medical bills when you hold their medical power of attorney.

You are only liable for their financial obligations if you are a party to the debt: for example, if you and your spouse are both on the mortgage, you will still be liable for payments even if she becomes incompetent.

4. Medical Power of Attorney Does Not Negate the Need for a Living Will or Will

You can designate someone else to make healthcare decisions for you, but if you have strong opinions on your end of life care, you will be best protected if you also have a living will.

Also known as an ‘advance directive,’ a living will allows you to clarify your end of life wishes such as whether or not doctors should use extreme measures to prolong life.

Neither of these documents has any impact on the distribution of your property after death. For that, you need to consult an attorney on your last will and testament.

Consult an Attorney about Medical Power of Attorney

If you have concerns about your future ability to control your healthcare decisions, you will feel better if you designate a medical power of attorney. If you have concerns about a relative who may soon need to have such decisions made on her behalf, talk to an attorney to see if this is a possible avenue for you both as well.

For more information on POAs, wills and other matters, contact us. We can help.