Information: Health care power of attorney

• To ensure your voice is heard: It ensures a trusted person (called your agent or proxy) will make medical choices based on your values and wishes, even if you are unconscious or incapacitated.
• To cover more than a living will: While a living will only specifies your wishes for end-of-life care in certain terminal situations, a health care POA grants your agent broader authority to make decisions in any circumstance where you cannot.
• To prevent delays and disagreements: Without a health care POA, state law will determine who makes decisions for you. This could be a person you would not have chosen and can lead to time-consuming court proceedings and family disputes during a crisis.
• To grant access to medical information: Your agent is given the legal authority to communicate with doctors and access your medical records to make informed decisions, which is protected by the HIPAA Privacy Rule.
• It’s for everyone: It is a critical document for any adult over 18, as unexpected illnesses or accidents can happen at any age.

Documenting your health care power of attorney is a straightforward process that does not always require a lawyer.

1. Choose your health care agent: Select a trustworthy person who knows your values and is willing to have frank conversations with you about your health care preferences. You can also name a backup agent in case your primary choice is unavailable.
2. Use the correct form: Obtain an official health care POA form for your state. Forms can be downloaded from state health department websites, health care providers, or legal resources like LegalZoom or CaringInfo. Using the correct state-specific form ensures the document meets all legal requirements.
3. Fill it out and be specific: Clearly state your name and your designated agent’s information. Include any specific instructions or wishes for your medical care. The more detail you provide, the easier it will be for your agent to honor your wishes.
4. Sign and make it legal: Your document will need to be signed and dated. State laws differ on whether witnesses or a notary are required to make it legally binding. You can check your state’s requirements on the form itself.
5. Share with all key people: Distribute copies to your health care agent, your loved ones, and all your health care providers. It’s also wise to keep the original document in a safe, accessible place. Some states also have registries to store your advance directives for quick access