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Healthcare Power of Attorney

What Is a Healthcare Power of Attorney?

A healthcare power of attorney or medical power of  attorney gives the agent the power to make health care decisions on be­half of the principal in the event that the principal becomes unable to do so.  Such powers of attorney may be very broad, covering all medical decisions, or may be lim­ited to specific medical matters.  They also may contain specific instructions to the agent or specific statements of the principal's preferences.

What Are The Advantages and Disadvantages of a Healthcare Proxy?

Advantages:

A HCPoA allows you to choose as your agent the person whom you think will make decisions closest to those you would make yourself.

With a HCPoA, you can leave instructions that are as specific or general as you wish.

A HCPoA can be used to refuse or request treatment.

A HCPoA that includes a statement of preferences regarding specific medi­cal decisions may relieve family or friends of some stress and conflict that may arise if they have to make decisions without any guidance.

Disadvantages:

The agent must be chosen very carefully, because the broad powers usually delegated to the agent under a durable power can create the potential for abuse.  To limit this potential, the principal can include in the durable power specific instructions that limit the agent's power.

Because the principal is not required to include specific instructions, the agent may not have sufficient guidelines in making decisions for the principal's care.