Dispelling Misconceptions about Medical Power of Attorney and End-of-Life Decisions

A medical power of attorney (POA) is a legal document that allows individuals to appoint someone to make medical treatment decisions on their behalf when they are unable to do so. Requirements for POAs vary from state to state, and there are many misconceptions about what a power of attorney can do for you.

We would like to clear up some of the more common misconceptions; however, if you have questions that aren’t answered below – or if you would like to speak with an attorney to get your own POA and estate plan in place – please call our office. A member of our friendly staff will answer, take your information, and get you scheduled with one of our estate planning attorneys.

Addressing Misconceptions about Medical Power of Attorney

One common misconception is that having a medical power of attorney means giving up the right to make one’s own decisions. In reality, appointing a health care proxy does not take away this right; rather, it preserves your rights, even in the case that you can’t communicate your wishes yourself.

The purpose of a medical power of attorney is to have someone who can make decisions on behalf of an individual when they are unable to do so. This can be due to a temporary incapacity, such as being under anesthesia during surgery, or a more permanent incapacity, such as being in a coma.

Another common misconception is that young, healthy people don’t need a medical POA. While a college student or young parents aren’t likely to deal with something like dementia or Alzheimer’s, situations that would require a medical power of attorney can still arise.

For example, if a college student is involved in a car accident while away at college (or even coming home from class or work), their parents may not be able to access their medical information or make decisions regarding their care.  From a technical standpoint, the college student is an adult and needs a medical power of attorney to authorize another adult to make decisions for them, even if the adult is their parent.

After having made these decisions for their child all their life, this can be a terrifying prospect – but because their child is now an adult, a medical POA must be in place to allow them to step in.

Similarly, this situation can also happen with older single children as well as married couples. While medical dramas on TV might show the hospital calling the next of kin to make decisions, without this document in place, you may not have the right to step in at all.

Fortunately, putting a medical POA in place is a fairly simple process that begins with consulting with an experienced estate planning attorney. After learning more about your situation and goals, your attorney will help you choose the documents that are right for you and draft them according to your wishes.

Discussing the Importance of End-of-Life Decisions

An advance directive is a document that can accompany your medical power of attorney to more clearly outline and detail your healthcare wishes.

Discussing end-of-life decisions is a crucial step toward ensuring that individual preferences for life-sustaining measures and treatment locations are known and respected. Relying on family members or friends to communicate wishes may not be reliable in an emergency. Therefore, having easily accessible advance directive documents ensures they can be accessed promptly in an emergency. 

At Diamond Estate Planning, we provide each of our clients with a binder that includes all relevant documents for this reason – so that if action is needed, the person you’ve chosen to make your decisions can grab it and go.

For example, let’s say that Mary has had conversations with her family about her end-of-life wishes. She has expressed her desire to avoid invasive medical interventions and to receive palliative care in the comfort of her own home. However, if she doesn’t have an advance directive in place, her family may not know her specific wishes when the time comes. This could lead to disagreements and confusion among family members, and herpreferences may not be fully honored.

On the other hand, if Mary has an advance directive, including a living will and a medical power of attorney, her family and healthcare providers will have clear instructions about her end-of-life wishes. They will know that she prefers palliative care at home and does not want to be resuscitated if her heart stops. This allows her family to provide the care and support she desires, even in difficult circumstances.

Addressing Misconceptions about End-of-Life Decisions

A common misconception is that having a Living Will or other advance directive means you may receive suboptimal medical care. However, the truth is that having a Living Will does not mean you won’t receive the best medical care possible. A living will is a type of advance directive that specifies an individual’s preferences for medical treatment if they are unable to communicate their wishes. It allows individuals to outline their desired level of medical intervention, such as whether they want to be kept on life support or receive certain types of treatments.

Another myth is that a living will is necessary to stop treatment near the end of life. A living will is not necessary to stop treatment near the end of life, but an advance directive can make the decision easier and less stressful for everyone involved. In situations where an individual is terminally ill or in a persistent vegetative state, the decision to stop treatment may be made in consultation with the healthcare proxy or the individual’s family, based on the individual’s known wishes or best interests.

For instance, let’s say that Tom has a medical power of attorney appointing his daughter, Sarah, as his healthcare proxy. Tom has expressed to Sarah that he does not want to be kept on life support if there is no chance of recovery. When Tom’s condition deteriorates and his doctors believe that further treatment would be futile, Sarah, as Tom’s healthcare proxy, can make the decision to stop treatment in accordance with his wishes. This decision can be made even without a living will, as long as Tom’s preferences are known and communicated to his healthcare proxy or family members.

Legal Considerations and Rights

Advance directives, including medical power of attorney and living wills, are legally recognized documents that provide instructions about health care wishes or appoint someone to make medical treatment decisions. Even though these documents are legally recognized, it’s important to note that doctors can refuse to comply with wishes if they have moral, ethical, or professional objections. Hence, it is crucial to give copies of advance directives to the people named in the document, doctors, and caregivers.

However, it’s important to remember that there may be situations where a doctor or healthcare provider may have objections to following the instructions in an advance directive. For instance, if a doctor believes that following the advance directive would violate their ethical or professional obligations, they may refuse to comply. In such cases, it’s important to have open and honest communication with the healthcare provider to understand their concerns and explore alternative options that align with the individual’s wishes as much as possible.

In Illinois, if your doctor has an objection to your wishes (based on ethical or other reasons), they can help you to find a doctor who will align with your directives. It is important to have this conversation before an emergency occurs, however, as decisions may need to be made quickly.

Creating Your Medical POA and Directives

Thinking about a potential medical emergency isn’t something that most people want to do, but taking time to plan out and document your wishes with your estate planning attorney will both protect your family and protect your rights in the event that something does happen.

These documents will help to ensure that your wishes are followed, but they will also help to alleviate stress and worry for your family. If a medical emergency occurs, they can focus on being by your side and helping you recover, rather than stressing or arguing about medical decisions.

To start the process of creating your medical POA and any other documents you may need, please call our office or click the button below to schedule your consultation with one of our attorneys. 

DISCLAIMER: Any information contained herein is solely for informational purposes. While it is important that you educate yourself, nothing herein should be construed as legal advice or create an attorney-client relationship. For specific questions, we urge you to contact a local attorney for advice pertaining to your specific legal needs.