Challenges of Not Naming a Medical Power of Attorney

Old Couple Signing Papers With Young ExecutorThis critical document known as your medical power of attorney may be referred to as a healthcare surrogate or healthcare proxy. If you have friends in other states, you may have heard of it referred to in these alternative terms. Regardless of how it is referenced, a medical power of attorney allows you to appoint another authorized individual in order to make medical decisions for you. This individual is empowered to make such decisions when you are unable to do so on your own. This could be for numerous different reasons.

For example, being involved in a car accident could leave you in a coma state and you may no longer be able to communicate your wishes to the healthcare providers. Likewise, you may be in the advanced stages of cognitive decline associated with Alzheimer’s and be unable to speak for yourself. In this situation, your agent for the medical power of attorney will speak up and communicate to the doctor your individual wishes.

Choose someone who understands what your wishes are and who you trust. This individual should also feel comfortable playing such a role. Frequently this role will be filled by a family member, although a neighbor or other close friend may fulfill the role. You want to be sure that you have discussed all of your end of life care wishes with such an individual prior to appointing him or her. If you fail to have a medical power of attorney, the court may appoint someone else to make these decisions on your behalf. Consulting with an experienced estate planning attorney allows you to make the selection of the appropriate individual well in advance.

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