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What Is a Health Care Power of Attorney (HCPOA)?
Let me explain what a health care power of attorney, or HCPOA, really is. It's a legal designation where you empower someone else to handle decisions about your medical care. When I say HCPOA, I'm referring to both the legal document itself and the specific person who gets that legal authority. You'll often find an HCPOA included with your advance directives or living wills.
Key Takeaways
Here's what you need to know right away. An HCPOA empowers a specific individual to speak with others and make decisions on your behalf about your medical condition, treatment, and care. That person might even have to make life-and-death decisions for you. Remember, states have different rules and forms for designating an HCPOA.
Role of the HCPOA
The role of the HCPOA is straightforward—it's there to help when you can't communicate your wishes about medical care and treatment. The person or persons you list on the HCPOA document become your agent or healthcare proxy. These proxies talk to your doctors to prevent unwanted treatments and avoid wrong decisions. They have the power to make medical choices for you if you're incapacitated. When you, as the owner of the HCPOA, get too ill to express your wishes, the HCPOA activates, giving the named person authority over life-and-death decisions. Just to be clear, 'HCPOA' refers to both the document and the person named in it.
Designating a Power of Attorney
You can designate anyone as your health care power of attorney or attorney-in-fact—it could be a friend, partner, relative, or colleague. To set this up, you complete a form and get it notarized. You can change or revoke your choice anytime by destroying the old HCPOA and making a new one. The form might include alternates if your first choice isn't available. Each state has its own details, so you must check your state's rules and forms. You can also add special requests, like a do-not-resuscitate order or avoiding life-extending interventions. Be aware that states like Indiana, New Hampshire, Ohio, Texas, and Wisconsin don't allow a universal form—you have to use their state-specific one.
DPOA vs. HCPOA
You can designate two main types of power of attorney: a durable power of attorney (DPOA) for finances and a medical or healthcare power of attorney (HCPOA). With a DPOA, you're giving someone authority over your financial, legal, and business matters if you become incapacitated—they can pay bills or handle property sales. An HCPOA, on the other hand, is only for medical treatment and health care decisions, and it kicks in when you're unable to make those choices yourself. In estate planning, many people set up both an HCPOA and a DPOA.
Can You Revise Your HCPOA?
Yes, you can choose anyone as your healthcare proxy and reverse that decision whenever you want. To assign a new one, just destroy the original document and designate the new HCPOA.
Does the HCPOA Document Need to Be Witnessed or Notarized?
Some states require witnesses if you're in a nursing home or care facility when completing your HCPOA. The basic form needs the name, birthday, date, and identifying info of the person you're naming as POA. In states like Missouri, North Carolina, South Carolina, or West Virginia, it must be notarized. Once signed, the HCPOA takes effect immediately.
What Are the Benefits of Designating a Health Care Power of Attorney?
The benefits are clear—in an accident, coma, or terminal illness, having an HCPOA means a trusted person makes decisions for you.
The Bottom Line
Depending on your state, you can designate a health care power of attorney to speak and decide for you if you can't. This person might handle life-and-death choices, so pick a trusted confidant.
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