Draft a Medical Power of Attorney

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

Drafting a medical power of attorney (MPA) is an important tool for individuals and families to ensure that their wishes are respected in the event of a medical emergency or incapacitation. An MPA document allows someone to appoint a trusted person to make decisions about their medical care if they are unable to do so. It should be tailored to the individual’s specific wishes, including the types of treatments and care they would like or decline, as well as who should make decisions on their behalf. A MPA is separate from a durable power of attorney which grants someone legal authority over financial and legal affairs.

Before drafting an MPA it’s important to understand any relevant legal requirements in one’s state. The document must be written, signed in the presence of two witnesses or notarized, and often must also be witnessed by a health care provider; requirements vary by state so it’s crucial that you check your local laws before proceeding.

The Genie AI team recommends seeking expert advice when drafting an MPA; this could involve enlisting the help of your lawyer or using our community template library which contains millions of datapoints teaching Genie AI what makes up a market-standard document - all without having to pay for expensive legal advice! We also provide step-by-step guidance on how best to draft an effective MPA whilst ensuring all legal requirements are met. Access our template library today for free!

Definitions (feel free to skip)

Principal: The person who is creating the medical power of attorney document and designating someone else to make medical decisions on their behalf.
Agent: The person designated by the principal to make medical decisions on their behalf.
State Laws: Rules and regulations that are specific to each state that outline the necessary components of a medical power of attorney document.
Advance Directive: A written document that explains the principal’s wishes regarding medical treatment if they become incapacitated or unable to make those decisions for themselves.
Notary Public: A qualified individual who is authorized to witness the signing of the medical power of attorney document and provide an affidavit of authenticity.
Filing: The act of submitting the signed and notarized document to the court.

Contents

• Defining a Medical Power of Attorney
• Understanding the State Laws Regulating Medical Powers of Attorney
• Researching the Types of Treatment that can be Denied or Granted
• Locating the Appropriate State Forms
• Identifying the Principal and Agent
• Establishing the Agent’s Authority
• Creating an Advance Directive
• Specifying the Patient’s Wishes for End-of-Life Care
• Reviewing the Powers of Attorney with an Attorney
• Signing/Notarizing the Document
• Filing the Document with the Court
• Distributing Copies of the Document to Relevant Parties
• Storing a Copy of the Document in a Safe Place
• Updating the Document Regularly

Get started

Defining a Medical Power of Attorney

• Research the definition of a Medical Power of Attorney (MPOA)
• Determine the scope of authority the MPOA should have
• Understand the difference between a Health Care Proxy and a Lasting Power of Attorney
• Decide which type of MPOA is appropriate for your needs
• Draft the document, including the name and address of the agent, the scope of authority and any other details pertinent to the MPOA
• Have the document reviewed by a lawyer or other qualified professional
• Sign the document in front of a notary and two witnesses

Once you have completed the above steps, you can check this step off your list and move on to understanding the state laws regulating medical powers of attorney.

Understanding the State Laws Regulating Medical Powers of Attorney

• Research the state laws that govern medical powers of attorney in your state
• Identify any exceptions or special rules that your state may have
• Ask a lawyer for advice if you have any questions about the laws in your state
• Make sure you understand the laws before writing your medical power of attorney
• When you have a clear understanding of the state laws, you can move on to the next step
• Check this off your list when you are confident that you understand the applicable laws.

Researching the Types of Treatment that can be Denied or Granted

• Research the types of medical treatments that can be authorized or denied under a medical power of attorney.
• Check the laws of your state to determine which treatments you can authorize or deny.
• Look into any specific treatments that are prohibited or restricted in your state.
• Identify any treatments that can be authorized or denied only in certain circumstances.
• Make a list of all the treatments that you can authorize or deny.

Once you have completed your research and have a list of the treatments that can be authorized or denied, you can move on to the next step.

Locating the Appropriate State Forms

• Visit the American Bar Association website for information on state-specific forms for drafting a Medical Power of Attorney
• Search for the state you are drafting the document in
• Download the form provided and save it to your computer
• Verify that the form you have downloaded is up to date and valid for your state
• When you have the correct form you can check this step off your list and move on to the next step of identifying the principal and agent.

Identifying the Principal and Agent

• Identify the principal who will grant authority to the agent. This can be yourself or someone else you are responsible for in a medical emergency.
• Fill out the medical power of attorney form with the principal’s name, address, and other identifying information.
• Identify the agent who will be granted authority to make medical decisions. This can be someone close to the principal that they trust.
• Fill out the medical power of attorney form with the agent’s name, address, and other identifying information.

You can check this off your list when you have completed the form and both the principal and agent’s information is filled out correctly.

Establishing the Agent’s Authority

• Choose an agent who is reliable and trustworthy to make medical decisions on your behalf
• Decide what authority you want to give your agent, such as the ability to make decisions about medical care and treatment, access medical records, and make decisions about end-of-life care
• Draft a Medical Power of Attorney document that outlines the authority you are granting to your agent
• Have the document notarized to make it legally binding
• When the document is notarized, you will know the agent has the legal authority to make decisions on your behalf and you can move on to the next step.

Creating an Advance Directive

• Gather necessary legal forms and documents.
• Fill out the forms properly and accurately.
• Ensure that the form is signed and witnessed by two adults.
• Make copies of the form and store them in a secure place.
• Notify the patient’s healthcare provider of the Advanced Directive.

When you have gathered all necessary forms, filled them out correctly, ensured they were signed and witnessed, made copies and stored them securely, and notified the healthcare provider, you can check this step off your list and move on to the next step.

Specifying the Patient’s Wishes for End-of-Life Care

• Gather information on different types of end-of-life care options and treatments, like hospice care and palliative care
• Consider the patient’s wishes and values when deciding which treatments to include in the Power of Attorney
• Discuss these options with the patient’s family, physician, and any other relevant people
• Record the patient’s decisions in the Medical Power of Attorney
• Make sure that the Power of Attorney is properly signed, witnessed, and notarized

You’ll know you can check this step off your list when the patient’s wishes for end-of-life care have been recorded in the Medical Power of Attorney and all relevant parties have had the chance to review it.

Reviewing the Powers of Attorney with an Attorney

• Seek counsel from an attorney to ensure that the document is legally sound and that it meets state and local laws
• Make sure the document is clear and unambiguous in its wording
• Have the attorney answer any questions that you might have about the document
• Once you and the attorney have discussed and finalized the document, you will be ready to proceed to the next step of signing and notarizing the document.

Signing/Notarizing the Document

• Make sure that the document is signed by all relevant parties
• Have each signer of the document go to a notary public to have their signature notarized
• Gather all the notarized signatures and make sure they are attached to the document
• Make sure all required copies are completed, signed and notarized
• Once all documents are notarized and signed, you have completed this step and can move onto filing the document with the court.

Filing the Document with the Court

• Gather a copy of the signed and notarized Medical Power of Attorney document
• Locate the appropriate court clerk’s office in the county where you live
• Contact the court clerk’s office to determine what fees and documents are required to file the Medical Power of Attorney document
• Bring the document, along with the required fees and other documents, to the court clerk’s office and file the document
• Get a copy of the filed document from the court clerk’s office

You’ll know you can check this off your list and move on to the next step when you receive a copy of the filed document from the court clerk’s office.

Distributing Copies of the Document to Relevant Parties

• Make copies of the Medical Power of Attorney document for the relevant parties (primary agent, alternate agents, doctor, family members, etc.).
• Ensure each copy is signed and dated by both the principal and the witnesses.
• Distribute copies to all relevant parties, either in person or by certified mail.
• Keep a record of the parties who received a copy of the document, including the date and method of delivery.

You will know when you can check this off your list when all of the copies have been distributed and you have kept a record of the parties who received a copy of the document.

Storing a Copy of the Document in a Safe Place

• Make multiple copies of the Medical Power of Attorney document and store them in a safe and secure place.
• Consider storing copies in a safety deposit box, with a trusted friend or family member, or in a home safe.
• Keep detailed records of where all copies of the document are stored, including date and location.
• Once you have stored a copy of the document in a safe place, you can check off this step and move on to Distributing Copies of the Document to Relevant Parties.

Updating the Document Regularly

• Set a reminder in your calendar to review the document once a year to make sure it is still up-to-date
• If there has been a significant change in your health, finances, or family circumstances, you may want to review it more often
• Make sure to update the document with the appropriate changes, such as any new doctors or health care providers, or any changes in who you would like to appoint as your health care agent
• After you have reviewed and potentially updated the document, store it in a safe place
• You can check this off your list when you have completed the review and updated the document if necessary

FAQ:

Q: What is the legal difference between a Medical Power of Attorney and an Advance Directive?

Asked by Ezra on 4th April 2022.
A: A Medical Power of Attorney (MPOA) is a document that allows you to appoint someone as your legal representative to make medical decisions on your behalf, should you become unable to do so yourself. An Advance Directive (AD) is a document that allows you to state your wishes for medical treatment in advance, should you be unable to communicate them in the future. Both are legally binding documents that can help ensure that your wishes for medical care are respected.

Q: Are there any other powers besides medical decision-making which can be delegated through a Medical Power of Attorney?

Asked by Abigail on 8th May 2022.
A: Yes, depending on the jurisdiction, a Medical Power of Attorney may also allow you to delegate financial decision-making authority. For example, in some states in the US, an MPOA can authorize someone to manage your financial affairs in the event that you are incapacitated.

Q: Does a Medical Power of Attorney need to be written and signed?

Asked by Charlie on 15th June 2022.
A: Yes, it is important that a Medical Power of Attorney is written and signed in order for it to be legally valid and enforceable. It should be written using language that is clear and unambiguous so that it can be interpreted correctly by the courts if necessary. It should also be signed by both the principal (the person granting power of attorney) and the attorney-in-fact (the person who will act on behalf of the principal).

Q: Is there a difference between a Medical Power of Attorney and a Living Will?

Asked by Kira on 22nd July 2022.
A: Yes, there is a distinct difference between a Medical Power of Attorney and a Living Will (also known as an Advance Directive). A Medical Power of Attorney appoints someone as your legal representative to make medical decisions on your behalf if you become incapacitated, while a Living Will is a document that allows you to state your wishes for medical treatment in advance, should you be unable to communicate them in the future.

Q: Does every jurisdiction have similar laws and regulations regarding Medical Powers of Attorney?

Asked by Daniel on 5th August 2022.
A: No, different jurisdictions have different laws and regulations regarding Medical Powers of Attorney. It is important to familiarize yourself with the relevant laws in your jurisdiction before drafting or executing an MPOA. You may also want to consult with an attorney who specializes in this area for advice and guidance.

Q: What happens if I don’t have a Medical Power of Attorney?

Asked by Emily on 12th September 2022.
A: If you don’t have a Medical Power of Attorney in place, then if you become incapacitated, healthcare decisions may need to be made by family members or other individuals appointed by the court. This may result in decisions being made that do not align with your wishes or intentions. Therefore, it is important to have an MPOA drafted so that your wishes are respected even if you cannot make such decisions yourself.

Q: Is it possible for me to revoke or amend my Medical Power of Attorney at any time?

Asked by Owen on 19th October 2022.
A: Yes, it is possible for you to revoke or amend your Medical Power of Attorney at any time as long as you are still mentally competent. You should consult with an attorney experienced in this area for advice about how best to modify or revoke your MPOA according to the laws in your jurisdiction.

Q: What happens if I become incapacitated while travelling outside my home country?

Asked by Aria on 26th November 2022.
A: If you become incapacitated while travelling outside your home country, then the laws governing healthcare decisions will depend on the laws of the country where you are travelling at the time. If possible, it can be beneficial to have an internationally recognized MPOA drafted prior to travel so that your healthcare wishes can still be respected even if you become incapacitated while abroad.

Q: Can I designate more than one person as my attorney-in-fact?

Asked by Mason on 3rd December 2022.
A: Yes, depending on the laws in your jurisdiction, it may be possible for you to designate more than one person as your attorney-in-fact under an MPOA agreement. However, it is important to consider how this might impact decision-making processes - having multiple attorneys-in-fact could lead to disagreements over certain decisions or issues which could delay or prevent important medical decisions from being made quickly enough. Therefore, it is best to consider all potential scenarios before appointing multiple attorneys-in-fact under an MPOA agreement.

Q: Can I limit my attorney’s powers when drafting my Medical Power of Attorney?

Asked by Mia on 10th January 2022.
A: Yes - when drafting an MPOA document, it is possible to limit the powers granted to your attorney by specifying certain conditions or restrictions within the document itself. For example, you might specify that certain types of decisions must be approved by two or more attorneys-in-fact before they can be acted upon; or that certain types of treatments must be approved by both yourself and one or more attorneys before they can be carried out;etc… It is important to discuss all possible limitations with an experienced attorney prior to signing any MPOA agreement so that all relevant conditions are clearly outlined and understood before action is taken…

Q: Does a Medical Power of Attorney remain valid after death?

Asked by Elijah on 17th February 2022.
A: No - once an individual has passed away their Medical Power of Attorney becomes invalid and no longer applies; any decision-making authority they delegated while alive will no longer exist after their death. After death, any healthcare decisions pertaining to the deceased individual’s estate will need to be made according to their will or estate plan instead.

Q: How long does it take for a Medical Power of Attorney document to become legally binding?

Asked by Noah on 24th March 2022.
A: The amount of time it takes for an MPOA document to become legally binding varies depending upon jurisdiction; however, most jurisdictions require that all parties involved sign the document before it becomes legally binding - this usually takes about two weeks from start (drafting) to finish (signing). In some cases additional steps may need to be taken such as notarization before an MPOA agreement becomes legally binding - again this process varies from jurisdiction to jurisdiction but usually takes no more than two weeks from start (drafting) to finish (notarization).

Q: Is there any way I can ensure my wishes are respected after I pass away without having a will or estate plan?

Asked by Emma on 31st April 2022.
A: Unfortunately not - without having a will or estate plan in place prior to death there is no guarantee that your wishes will be respected after you pass away; family members or other individuals appointed by the court would have full decision-making authority over all matters pertainingto your estate after death which could result in decisions being made which do not align with what you would have wished had you been ableto make such decisions yourself prior to death… Therefore it is importantto ensure that these matters are properly taken careof during life - through drafting botha willor estate planandaMedicalPowerofAttorneydocument - so as toprotectyourwishesfor healthcareandfinancialdecisionsshouldyoubecomeincapacitatedorpassawayunexpectedly…

Example dispute

Suing for Breach of Medical Power of Attorney

• Plaintiff can prove that the defendant violated their duties as outlined in the medical power of attorney.
• Plaintiff must demonstrate that the defendant acted beyond the scope of the authority granted in the document, or failed to uphold their end of the agreement.
• Plaintiff may seek compensation for any damages caused by the breach, including medical expenses, lost wages, and emotional distress.
• Settlement can be reached through mediation, negotiation, or trial.
• Damages are calculated based on the extent of the breach and the losses incurred.

Templates available (free to use)

Medical Power Of Attorney And Living Will West Virginia
Medical Power Of Attorney Texas

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