Your Medical Power of Attorney

In the process of "getting your papers in order", you took care of a living will, that document which directs how you want to be cared for when you cannot say so for yourself. Now, you need a medical power of attorney. This confers the decision-making rights to someone else who stands in your place. That person, armed with your living will, which states your wishes, and a medical power of attorney can deal with any decisions when you are too sick to do it for yourself.

A medical power of attorney does not do some things. It does not give the right to have you committed to a mental institution. It use cannot force you

to have medical treatment against your wishes. It does not give the right to overrule your stated wishes, if you are aware, or your written wishes should you be unable to communicate.

Generally, a medical power of attorney is not permanent. It can be revoked at any time by destroying the document, but it cannot be changed. You need a new medical power of attorney instead of changing one. Be sure, however, to notify each person or institution you've given copies to of any replacement.

When presented with a copy, medical professionals will be required to deal with your representative if you are unable to. It is best to notify your doctors and caregivers upfront of who holds the medical power of attorney for best effect.

As with wills, living wills, guardianship and other related concerns, the medical power of attorney is governed by the state in which you live. Check with a lawyer, in your state, for best results. An Elder Care Lawyer, for comprehensive advice, can be money well spent.

Now, you wonder, who is going to be the one to hold your medical power of attorney? Who will supervise those decisions and practices by professionals?

It had better be someone you trust and who understands your wishes, your philosophy of living. A living will probably won't cover every possibility. You need someone who puts you first and can legally agree (or disagree) to medical healthcare measures. That someone also needs to be able to communicate with doctors and have the ability to stand up for your rights.

Just stating your wishes is not enough. When you're unable to respond, the state decides what is best and who makes decisions. A medical power of attorney in the hands of a competent trusted family member or close friend is probably your best protection. A living will, thoughtfully prepared, provides them with the guidance they'll need to help you.

This is not just age-related. The sad case of Terri Shaivo in Florida was one with a young woman in her twenties. The determination of her wishes was solved in court amidst much controversy and years of struggle. A living will with someone empowered by a medical power of attorney to enforce it would have prevented the great anguish to her family and friends.