A Healthcare Power of Attorney, also known as a Medical Power of Attorney or a Durable Power of Attorney for Health Care, is a legal document that permits a person you appoint to handle your medical decision making when you are no longer able to. The decision-maker is known as the healthcare proxy, attorney-in-fact, or healthcare agent.
Another important healthcare legal document is known as an advance directive or living will. This document outlines your end-of-life preferences and your healthcare wishes. Examples include whether or not you consent to a feeding tube, when palliative care is wanted, and whether organ donation is wanted. The document essentially outlines your treatment preferences when you are no longer able to communicate or make your own decisions.
Under a Healthcare Power of Attorney, your agent may only make health care decisions for you when you are unable to make decisions yourself, and you always have the legal right to override agent’s decisions if you are of sound mind. In addition to decision making, your agent may also access medical records from your healthcare providers and health care team. This access helps them make decisions about your medical care on your behalf.
In Missouri, the Missouri Bar Association has created a healthcare proxy form that you can fill out and have signed and notarized without an attorney. However, it is strongly recommended to seek advice from an elder law attorney when doing your advance care planning. Located in St. Louis, Missouri, the Elder and Estate Planning Law Firm and its sister entity, Quality Medicaid Care, can assist you and your loved ones with end-of-life planning and create a comprehensive estate plan.