Healthcare Power of Attorney

Healthcare Power of Attorney

A healthcare power of attorney is considered to be a legal document that allows you to appoint an individual or individuals to advocate for your healthcare and medical treatments in the even that you cannot commmunicate these decisions directly. A healthcare power of attorney becomes important when you are unable to make decisions or communicate your intentions about any treatments that you may need.  Choosing a healthcare power of attorney can be an important decision to make and you will want to think carefully about who you think would be best to handle this type of responsibility. A healthcare power of attorney can also protect your interests in case a hospital does not want to honor your living will.


There are many advantages to having a healthcare power of attorney drafted and executed by you.  One advantage of a healthcare power of attorney is knowing that your wishes will be carried out regarding any medical decisions that you may need. Your wishes will be honored even when you will not be able to verbally or physically express yourself. One other advantage of a healthcare power of attorney is that this type of legal form will eliminate the controversy between your loved ones in regards to your medical care. Some disadvantages that you should look at, could include the fact that once a healthcare power of attorney is signed, it cannot be revoked unless you regain consciousness, have mental capacity or a court removes the designated person’s power. There are cases where third parties such as hospitals and some doctors don't or won't honor these health care proxies. You may want to have an estate planner draw up a formal healthcare power of attorney, which needs to be signed (executed), dated, and witnessed by two people to ensure the best possible outcome. If a third party fails to honor your healthcare power of attorney, you can always to court and get a court order to force the third party to comply with the healthcare power of attorney.