FAQ’s: Health Care Powes of Attorney

  1. What is a Health Care Power of Attorney?
    1. A Health Care Power of Attorney allows you to name another person to make medical decisions for you in the event that you become incapacitated.
  2. Is this only valid when I am incapacitated?
    1. Yes. At any time when you are able to communicate health care decisions, your wishes will be honored.
  3. What do I call the person acting under my Health Care Power of Attorney?
    1. Your Health Care Agent or Health Care Attorney-in-Fact.
  4. Who makes decisions if I do not name a Health Care Agent?
    1. Your spouse or next of kin.
    2. This can be cumbersome if several persons (e.g. siblings) are involved.
  5. Who should I name as my Health Care Agent?
    1. Someone who you trust with your health care decisions;
    2. Someone who knows you and understands your wishes; and
    3. Someone who is willing and available to serve.
  6. What is the difference between a Health Care Power of Attorney and a General Power of Attorney?
    1. The General Power of Attorney deals only with financial, business and contractual powers.
    2. The Health Care Power of Attorney controls for health care and medical treatment.
  7. Where should I keep my Health Care Power of Attorney?
    1. The original could be in a secure place or in your safe deposit box, if your Health Care Agent has access.
    2. Your physicians and Health Care Agent should have copies.
  8. Can I have both a Health Care Power of Attorney and a Living Will?
    1. Yes, and both can be in the same document.
    2. If the two documents are inconsistent, your Living Will controls.
  9. What if a court appoints a guardian for me?
    1. The Health Care Power of Attorney is not effective if a guardian is appointed
    2. You can name a guardian in your Health Care Power of Attorney, and courts will follow your choice, unless good cause is shown.
  10. If I am divorced and my Health Care Agent is my former spouse, is my former spouse still in charge?
    1. No.
  11. Can my family physician be my Health Care Agent?
    1. No. No one providing Health Care to you for compensation can be your Health Care Agent.
  12. Can my Attorney-in-Fact under my Power of Attorney be my Health Care Agent as well?
    1. Yes.