What’s a Health Care Power of Attorney?

WHAT DOES IT DO?:  A power of attorney over health care decisions grants a named individual (often a spouse or other family member or close friend) the authority to make certain healthcare-related decisions on your behalf.  Typically, this document would grant authority to a spouse or close friend or family member to make decisions for you in the event you are not in a physical or mental state to be able to do so.  As in the case of other powers of attorney, the authority you grant to someone else can and should be limited in its scope pursuant to your wishes and preferences.  In its own fashion, this document can also help spell out the sorts of treatments you desire while adding some clarity to the question of those which you do not desire.  It should be noted that a power of attorney over health care decisions is an entirely separate document from a healthcare directive, in both form and function.  

WHAT HAPPENS IF I DON’T GET ONE?: Powers of attorney for health care decisions are about your ability to have health care decisions made effectively, conveniently and quickly in the event of your physical or mental incapacity.  Without a power of attorney, if you face an event in which you are unable to make or communicate your own healthcare-related decisions, these decisions would be made by someone, likely a healthcare professional who is unaware of your desires and/or preferences.  Furthermore, someone could seek this authority through a court process, but this obviously fails to address the timeliness concerns and again opens the door to dispute and potential litigation. 

WHY HIRE A LAWYER?:  Powers of attorney are most appropriately prepared by an experienced attorney.  As is the case with other powers of attorney, variances of circumstances require expertise and an understanding of what you want to happen in these scenarios.  Furthermore, this document should be prepared in such a way to complement (and not contradict or confuse) your health care directive (living will).  While attorney fees for the preparation of powers of attorney over health care decisions usually turn out quite reasonable, the Missouri Bar does provide some satisfactory forms (see www.mobar.org) that can be used if an attorney is unavailable or otherwise not preferred.