A Simple Guide to Choosing a Medical Power of Attorney
September 15, 2025
Studies show that the treatment wishes of patients vary greatly from those of their family members, yet only a third of Americans have a medical power of attorney in place. With a medical power of attorney, you can legally designate an agent to handle your medical decisions should you become unable to speak for yourself. It also includes instructions on the kinds of medical treatment you wish to receive.
Even if you do not know your wishes, a medical POA ensures that the person you trust can make those decisions for you. “A medical power of attorney is a pretty powerful document,” says William Raftis, attorney for Student Legal Services at Texas Tech. “It grants a person to make medical decisions on behalf of another person in the case that they are unable to make such a decision for themselves.”
Without a Document
When you don’t have a medical power of attorney and you are unable to tell the doctor your preferences, the following people would be legally authorized to make your healthcare decisions:
- A court-appointed guardian or conservator
- Your spouse or domestic partner
- One of your adult children or siblings
- A close friend
- Your nearest living relative
It’s important to know that if you have a medical POA and get married, then that document is revoked. If you do not want your spouse to act as your agent, then you must have a new medical power of attorney written up.
Choosing an Agent
To designate someone as your agent, you must sign a legal medical power of attorney document that names an agent and the healthcare decisions you’d like them to make if you become unable to. Your agent can decide whether or not to admit or discharge you from a hospital or nursing home, which treatments you receive, and who has access to your medical records.
Many people mistakenly believe that designating an agent and signing a medical POA grants that person the authority to make all of your healthcare decisions. But a medical power of attorney is only necessary if you become unable to make your own decisions.
Every state has its own legal requirements for medical POAs, such as witnesses and notarization, but you may not even need a lawyer to draw up a medical POA. Many states provide free forms through government websites. If your state does not offer forms online, consider inquiring with healthcare providers and hospitals, as they may also have forms available.
Comfort is Key
The person you designate to be your agent should be somebody whom you trust. They should be over 18 years of age and should not be a doctor or healthcare professional. The person you choose should be someone who you know will carry out your wishes. You should discuss your wishes with them in advance and ensure that they will be comfortable making those decisions on your behalf.
If it makes you more comfortable, you may appoint two people to serve as co-agents or a successive agent in case the first agent becomes unable to do so. Keep in mind that it may create confusion when multiple agents are involved in the decision-making process. Healthcare professionals may only be able to reach one agent in the event of an emergency, or agents may disagree about how to carry out your wishes best.
Make Those Decisions Now
In addition to choosing your agent, your medical power of attorney should state your wishes.
The medical POA should state:
- Whether or not you want to use machines to be kept alive or receive feeding tubes
- Name a legal guardian, if needed
- Whether or not you want to donate any organs in the event of your passing, and what to do with your remains
If at some point, you change your mind about any of your directives or who you’d like to be your agent, then you should have a new medical power of attorney drawn up.
Medical POA Safekeeping
You should always inform your agent of any changes made to a medical POA and make sure they have the most up-to-date copy. Then store your document in a safe but easily accessible location. A medical power of attorney should be stored in both a physical safe place at home and a secure digital platform. Provide your attorney with a copy, as well as your healthcare providers and other trusted loved ones.
Why Documentation Matters
Emergencies come without warning. Without documentation in place, confusion over what’s best for you will add stress to an already difficult circumstance. Every adult should have a medical power of attorney in place, even adult children going off to college. “Students are 18 and they are now legally adults,” says Raftis. “It’s really just a way to help empower the students to make sound medical decisions.”
Acting early guarantees that you will have the necessary support during an emergency. This proactive approach enables families to focus on their loved one’s care rather than paperwork. “It’s a gift to your family to get these plans in place,” says Sally Hurme, an elder law attorney in Virginia. “Why create chaos, indecision, confusion, frustration, turmoil =—all of these may happen if you don’t have advance directives.”
Being clear about how you want to be cared for doesn’t just protect you; it also ensures that you receive the care you need. It prevents your loved ones from having to make painful decisions on your behalf under emotional circumstances. In this way, a medical power of attorney provides peace of mind for both the individual and their loved ones. With Insureyouknow.org, you can store all of your medical records and healthcare documentation in one simple-to-review place, giving you more time to focus on what matters.