A medical power of attorney (also called a healthcare proxy or healthcare agent designation) is a legal document that designates a person to make medical decisions on your behalf if you're incapacitated. It's one of the most important documents any adult can have.
Why you need one
If you're in an accident or become seriously ill and can't communicate, someone needs to make medical decisions for you. Without a medical POA:
- A judge may appoint a guardian you didn't choose.
- Family members may disagree about your treatment.
- Doctors may be unable to act quickly in an emergency.
- Your specific wishes may not be known or followed.
What your agent can decide
- Treatment consent — whether to accept or refuse medical treatment.
- Medication decisions — including pain management and experimental treatments.
- Hospital selection — choosing between hospitals or treatment facilities.
- Medical records access — your agent needs access to your health information under HIPAA.
- End-of-life decisions — if you've specified your wishes in a living will, your agent enforces them.
Choosing your agent
Pick someone who:
- Knows your values — understands your beliefs about medical treatment.
- Can handle pressure — medical decisions are often urgent and emotional.
- Will advocate for you — will follow your wishes even if others disagree.
- Is available — can be reached quickly in an emergency.
Name an alternate agent in case your first choice can't serve.
HIPAA authorization
Include a HIPAA release in your medical POA so your agent can access your medical records. Without it, privacy laws may prevent your agent from getting the information they need to make informed decisions.
Make it legal
- Sign in the presence of witnesses (and notary if required by your state).
- Give copies to your doctor, hospital, agent, and family.
- Review every 3–5 years or after any major health event.
- Keep the original in an accessible but safe location.
A state-specific medical power of attorney drafted to your wishes takes about ten minutes.