I meet with many clients in Pennsylvania (PA) who are under the mistaken belief that the Medical Power of Attorney document is synonymous with another document referred to as an Advanced Directive or Living Will.
The Medical Power of Attorney is much more broad and inclusive than either the Advanced Directive or Living Will. The Medical Power of Attorney allows an individual to appoint another individual or other individuals to represent them in any and all medical decision making.
The Advanced Directive and Living Will are written to address the final and extreme circumstances relating to treatments that are simply life sustaining and not expected to result in patient recovery. The Advanced Directive and Living Will do not address other more common medical circumstances. Obviously, the Living Will is very important, but it is not enough.
While, the Medical Power of Attorney should authorize the named Agent to advocate on a patient’s behalf in the final life sustaining care circumstances, commonly referred to as the “Pull the Plug” stage of life, it should also authorize the Agent to handle all other medical issues. These issues include, but are not limited to, the selection of doctors, surgeons, medical facilities, medications, the ability to authorize surgery, medical treatments and care plans in all phases of life.
Consider a situation arising in which you or a family member are in a car accident. There will be many decisions to be made but, without a medical Power of attorney document, no one might be authorized to make them. Further, there could be differing opinions on how to proceed and family members might be pitted against one another. The medical POA document will authorize selected individuals to make appropriate decisions and t0 make them timely. Absent the medical POA, you could either have the wrong person making decisions or no decisions being made at all. You might also suffer the delay caused by a family dispute and the process for resolving how to proceed.
Please also note that a properly crafted Medical Power of Attorney should have a very broad Health Insurance Portability and Accountability Act ( commonly known as HIPPA) authorization so that the Medical Agent may properly and easily interface with medical professionals.
It is very important that your planning documents include the Medical Power of Attorney AND the Advanced Directive or Living Will. Simply stating your final wishes in an Advanced Directive or Living Will is often not enough. You will likely want and need someone to act as your Agent in many more necessary and far reaching medical care situations.
Read this article on the General Durable Power of Attorney for additional information on the proper contents of your POA planning documents and how they should be prepared.
Douglas L. Kaune, Esq.
If you have questions regarding this or other planning issue, please contact Douglas L. Kaune at 610 933 8069 or dkaune@utbf.com.
