The Power of Your Voice: A Guide to Medical Power of Attorney

There’s a lot of talk about healthcare coverage, but not much about having protection in place in the event that you aren’t able to make your own decisions – or in the case that a loved one can’t. Wondering what would happen if you were incapacitated, or even worse, if your spouse, child, or parent were in need of someone to make decisions for them, can be terrifying. Fortunately, there is an answer: a medical power of attorney.

Having a medical power of attorney (POA) is a vital aspect of healthcare decision-making that ensures your voice is still heard even when you can’t physically speak for yourself. By appointing a medical POA, you’re essentially choosing a trusted individual to make crucial medical decisions on your behalf when you’re unable to do so. 

In Illinois, parents have the right to make medical decisions for their minor children, but once a person reaches the age of 18, power of attorney is not automatically granted to family members. In order to make sure that your voice is heard, you will want a medical POA. Call our office today to learn more – we’re happy to answer your questions and draft the documents you need.

Understanding Power of Attorney: The Basics

A power of attorney is a legally binding document that empowers an individual to act on your behalf in various matters, one of which includes making healthcare decisions. (There are other types of power of attorney as well, including legal and financial.) Because a general power of attorney can be invalidated if the principal (the person who issued it) is incapacitated, you will want to make sure you have a medical power of attorney in place.

A medical POA specifically focuses on healthcare decision-making, allowing you to plan for unforeseen circumstances. This legal tool allows you to select a trusted individual to make medical decisions on your behalf when you are unable to communicate your preferences due to illness or incapacity. This is particularly important in ensuring that your medical wishes are followed, thereby helping to prevent potential conflicts or legal battles.

It’s important to note that the person you appoint will have the authority to make decisions that could directly affect your health and wellbeing, which underscores the need to choose someone you trust implicitly. 

The importance of a medical POA becomes apparent when considering the challenging dynamics often present in healthcare scenarios. For instance, if you have strong religious or cultural beliefs that dictate your preferences for medical treatment, appointing a medical power of attorney ensures that these beliefs are taken into account, regardless of whether you can voice these preferences yourself.

Medical power of attorney is also crucial for avoiding the state’s involvement in choosing a decision-maker for you if you become incapacitated. Without a medical power of attorney, the state will choose a decision-maker based on a predetermined list, which may not necessarily align with your personal preferences.

Appointing a Medical Power of Attorney

The appointment of a medical power of attorney involves a straightforward process that begins with choosing a trustworthy person. You’ll need to select an individual who understands your values and medical preferences. 

Once you’ve chosen your agent, the next step involves completing a medical power of attorney form, which your estate planning attorney can supply for you. As each state has its own requirements, it’s recommended to work with a local attorney who both understands your needs and can draft the right documents in full.

After the form has been filled out, it does not need to be notarized, but this isn’t a bad step to take. It’s also crucial to distribute copies of the completed medical power of attorney form to relevant parties, such as your healthcare providers and family members. It’s recommended to store the original form in a safe place and provide your agent with a copy.

At Diamond Legal, we provide you with a binder that includes all of your relevant documents, including your POA.

It’s also important to note that the person you appoint doesn’t necessarily have to be a family member. In fact, in some cases, it might be better to choose a close friend or trusted advisor who can make objective decisions based on your expressed wishes. If you are unsure who you want to appoint, your attorney can help you work through your options.

Role and Responsibilities of a Medical Power of Attorney

The role of a medical power of attorney is to make healthcare-related decisions when you are unable to do so. Your agent will have the authority to communicate with healthcare providers, access your medical records, and make informed decisions based on your previously expressed wishes.

The responsibilities of a medical power of attorney can vary depending on the specific situation and your expressed directions. However, some common responsibilities include communicating with healthcare providers, making decisions based on your wishes, and advocating for your healthcare rights.

In addition to these duties, your agent may also need to consider the emotional and psychological aspects of your care. For instance, if you’ve expressed a preference for palliative care over aggressive treatment, your agent would need to advocate for this with your healthcare providers, ensuring your wishes are respected, and you are provided with the highest quality of life possible during treatment.

Specifics of Medical Power of Attorney in Illinois

Like other legal documents, the requirements for a medical power of attorney can vary by state. In Illinois, for instance, the Illinois Power of Attorney Act governs the creation and use of power of attorney documents, including medical power of attorney. The law requires that the document must be signed by the principal and witnessed by at least one adult.

While Illinois doesn’t require the medical power of attorney document to be notarized, it’s often a good idea to do so to add an extra layer of legal protection. Also, it’s important to note that the law in Illinois allows for the designation of an alternate agent, should your primary agent be unable or unwilling to act when needed.

Additionally, in Illinois, the agent’s authority to make healthcare decisions becomes effective immediately, unless the document specifies otherwise. That said, healthcare providers will still rely on the patient’s decisions as long as they’re able to make them.

If you’re ready to protect your medical rights and those of your family members, give us a call. A friendly staff member will answer, take your information, and quickly get you scheduled with an experienced Diamond Estate Planning attorney.

During your free consultation, the attorney will listen, answer your questions, and learn more about your goals. Then, they’ll recommend a plan that is specific to your needs and budget. When you agree, we’ll move forward, and your documents can be ready within as little as 2-3 weeks. 

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.