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.”

Insureyouknow.org

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.

Looking after Elderly Parents Remotely

March 1, 2024

Taking care of loved ones without being close by is a challenge. Whether you live a long drive away from aging parents or in another state, long-distance caregiving can become emotionally exhausting. If that sounds like you, know that you are not alone. Nearly 15 percent of caregivers live an average of 450 miles away. If you have recently found yourself looking after your parents from a distance, then here are some simple strategies to help you along the way.

Evaluate Your Strengths and Outsource the Rest
Be honest with yourself about your strengths. Maybe you’re comfortable handling finances but not as comfortable determining medical needs. Pinpointing the areas of need that you’ll be most suitable for is the first step in delegating the rest. You may have siblings who live closer to your parents and are willing to accompany them to their doctor’s visits. Other helpful skills include organization and communication, which could be utilized to organize schedules and communicate with medical professionals and caregivers. Once you determine what you’ll be best at handling, then you can begin to make plans to fill in the gaps.

Create a Team for Support
Speak with the rest of your family and close friends about who can help with your parents’ care. Coordinating with everyone to determine what each person is willing to do will help everyone be on the same page and turn creating a care plan into a team effort. Even if you don’t have any other siblings or family members who are able to help, then you should still meet with your parents and include them in their own care planning. For instance, ask them what you can do that will be most helpful. It’s important to remember that you don’t have to handle everything alone and to try and outsource anything you need help with as much as possible.

Establish Access to Information
Once you determine who the primary caregivers will be and who needs to be in charge of what, then it’s time to make sure those people have access to the appropriate information. Make sure that the person designated to handle bill-paying and account management on behalf of your parents has the ability to do so. Establishing the rights to have medical information released to caregivers as well as decision-making rights is another imperative. This can also be a legal issue down the road, so making sure that you or another trusted party is the power of attorney, who is appointed to make financial and medical decisions, will need to be determined. 

Revisit Living Arrangements
Sometimes a loved one’s health requires them to be closer to you. If it’s possible to relocate to where they live or have them move in with you, then that may be something worth exploring. If it’s not possible to live together, then senior living communities have the upside of being able to provide 24/7 care. Many older people don’t require full-time care though, so if relocation isn’t feasible, then hiring a home care aide or personal care assistant is another option.

Schedule Regular In-Person Visits
If you cannot live close to your parents, then making plans to see them will accomplish several things. First, you’ll instantly alleviate some of the caregiver guilt you may be experiencing just by knowing when you’ll be able to visit them next. Second, you’ll be able to check on them in-person, as you may not have an accurate assessment of their condition and needs from a distance. “It’s hard keeping a handle on their health, how they’re doing, physically, mentally, psychologically and emotionally, when you’re not there,” says Amy Goyer, AARP’s family and caregiving expert. “Isolation is a big thing and they can tell you, oh, I’m doing fine and everything on the phone, but is that really what’s happening?”

Lastly, but most importantly, you’ll be able to spend some much-needed quality time with your parents when visiting. If you are not the primary caregiver, then coordinate with them on when the best time to visit is and offer them a break. Plan in advance what you can do when you’re there to help out. Then speak with your parents about what they would like to do with you during your visit. Since visits can go by quickly, especially when there is so much to do, set priorities ahead of time about what’s most important once you’re there.

Remain Connected When You’re Apart
Schedule regular phone calls with your parents and ask for updates from their caregivers. With their permission, you may even choose to attend their telehealth visits and doctor’s appointments virtually. “The frequency of contact is dependent on the type and level of care needed,” says Iris Waichler, author of Role Reversal, How to Take Care of Yourself and Your Aging Parents. “It should be a collaborative decision, if possible, rather than a unilateral mandate from the caregiver.”

Regular communication can keep your bond with your parents strong, as long as it remains an enjoyable experience for all of you.

Take Care of Yourself as Well
Caregiving can come with a heavy emotional load. It will become just as important to check in with yourself in your new role as caregiver. “Caregivers may often feel like they can do more and this can cause ruminating thoughts,” says Brittany Ferri, geriatric care occupational therapist. “In this instance, they may benefit from practicing positive self-care and self-talk along with their loved one to keep the lines of communication open while relieving stress.”

It’s hard to be a good caregiver, when you’re running on empty, so taking care of yourself as well is just as important as taking care of those depending on you. Show yourself compassion, make sure you’re recharging, and be kind to yourself.

Insureyouknow.org
While it can be a challenge to care for your parents from a distance, that doesn’t mean it’s not manageable. By planning ahead and creating a care team, you can make sure your parents are cared for even when you can’t be close at all times. Insureyouknow.org can help you compile care plans, schedules, financial information, and medical records all in one place. Then you can rest easy that you have a plan set in motion, ensuring that your parents will be well-taken care of.