Tag: Medical power of attorney
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.
Legal and Financial Planning for Those with Alzheimer’s and Their Caregivers
November 1, 2023
If you or a loved one is diagnosed with Alzheimer’s or dementia, then there are certain things that you will need to plan for legally and financially. An estimated 6 million Americans have Alzheimer’s, and it is currently the seventh leading cause of death in the United States. Alzheimer’s is a brain disorder that slowly decreases memory and thinking skills, while dementia involves a loss of cognitive functioning; both cause more and more difficulty for an individual to perform the most simple tasks. Though a diagnosis can be scary, the right planning can help individuals and their families feel more at ease.
Putting Legal Documentation in Place
Christopher Berry, Founder and Planner at The Elder Care Firm, recommends three main disability documents that should be in place.
First, there needs to be a financial power of attorney, a document that designates someone to make all financial decisions once an individual is unable to do so for themselves. If an individual lacks a trusted loved one to make financial decisions, then designating a financial attorney or bank is an option.
The next document that needs to be in place is the medical power of attorney that designates someone to make medical decisions for an individual. In many cases, it may be appropriate to appoint the same person to be the financial and medical power of attorney, as long as that person is well-trusted by the individual. In the event that something happens to the original power of attorney(s), successor (or back-up) agents for power of attorney(s) should also be designated.
The last document is the personal care plan, which instructs the financial and medical power of attorney(s) on how best to care for the individual in need. For instance, those entrusted to the care of an individual will need to make sure they sign medical records release forms at all doctor’s offices; copies of the power of attorney or living will should also be given to healthcare providers.
These three documents provide a foundation to make decisions for the individual diagnosed with Alzheimer’s or dementia when they no longer can themselves. It’s ideal to include the individual in these conversations in the early stages of their diagnosis, so that they may be a part of the decision-making process and appoint people that they will feel most comfortable with during their care.
How to Pay for Long-Term Care
Since Alzheimer’s is a progressive disease, the level of care an individual needs will increase over time. Care costs may include medical treatment, medical equipment, modifications to living areas, and full-time residential care services.
The first thing a family can do is to use their own personal funds for care expenses. It’s important for families to remember that they will also pay in their time, as many children of loved ones with Alzheimer’s or dementia will become the main caregivers. It may be wise to meet with a financial planner or sit down with other family members, such as your spouse and siblings, to determine how long some of you may be able to forgo work in order to provide full time care.
When personal funds get low or forgoing work for a period of time becomes difficult, long-term care insurance can be a lifesaver. The key to relying on long-term care insurance though is that it needs to be set up ahead of the Alzheimer’s or dementia diagnoses, so considering these plans as one ages may be smart.
Veterans can make use of the veterans benefit, or non-service-connected pension, which is sometimes called the aid and attendance benefit. This benefit can help pay for long-term care of both veterans and their spouses.
Finally, an individual aged 65 or older can receive Medicare, while those that qualify for Medicaid can receive assistance for the cost of a nursing home. If someone’s income is too high to receive Medicaid, then the spenddown is one strategy to know; under spenddown, an individual may subtract their non-covered medical expenses and cost sharing (including Medicare premiums and deductibles) from their available income. With the spenddown, a person’s income may be lowered enough for them to qualify for Medicaid.
Minimizing Risk Factors During Care
Research published recently in the journal Alzheimer’s & Dementia found that nearly half of patients with Alzheimer’s and dementia will experience a serious fall in their own home. Author Safiyyah Okoye, who was at John Hopkins University when the study was conducted, recommends minimizing risks such as these by safeguarding homes early on in diagnoses. “Examining the multiple factors, including environmental ones like a person’s home or neighborhood, is necessary to inform fall-risk screening, caregiver education and support, and prevention strategies for this high-risk population of older adults,” she states.
The good news is that since the progression of Alzheimer’s is often slow, families have plenty of time to modify the home for increased safety.
In addition to fall prevention modifications, other safety measures may include installing warning bells on doors to signal when they’re opened, putting down pressure-sensitive mats to alert when someone has moved, and using night lights throughout the home. Coats, wallets, and keys should also be kept out of sight, because at some point, leaving the home alone and driving will no longer be safe. Conversations about these safety measures, such as when an individual will have to stop driving, are ones that caregivers should have early on with their loved ones. Including individuals in their future planning while they are still cognitively sound will help both them and their caregivers feel more comfortable with the journey ahead.
It’s important to remember that even though receiving an Alzheimer’s or dementia diagnosis can be devastating, it is not the end. People with Alzheimer’s can thrive for many years before independent functioning becomes difficult. Both patients and caregivers will feel more calm through planning ahead. Insureyouknow.org can help caregivers stay organized by storing all of their important documents in one place, such as financial records, estate planning documentation, insurance policies, and detailed care plans. Above all, there is hope for those with Alzheimer’s; research is happening every day for potential therapies and future treatments.