A Durable Power of Attorney (DPOA) for Healthcare is a crucial legal document that allows an individual to appoint someone they trust as an agent to make medical decisions on their behalf if they become incapacitated. This ensures that their medical preferences are honored even when they cannot communicate their wishes.
Because of the vital role they play in advocating for the principal’s best interests, it is important to choose the right person as the agent for a DPOA. It is often advantageous to enlist the assistance of an estate planning attorney to ensure this is completed correctly.
Responsibilities of a Healthcare POA
A Healthcare Power of Attorney (POA) grants an appointed agent the legal authority to make medical decisions on behalf of the principal when they are unable to do so. This includes consulting with healthcare providers, consenting to or refusing treatments, and ensuring that the principal’s medical preferences are followed.
Agents are obligated to act in accordance with the principal’s advance directives, including respecting their values and ethical considerations for medical care. Additionally, they serve as an advocate for the principal, ensuring they receive proper medical care while navigating the complex network of healthcare systems. This can ultimately include the making of end-of-life choices that align with the principal’s expressed wishes and best interests.
Qualities to Look for in a Healthcare POA
There are several key considerations when selecting the right person to act as an agent for healthcare power of attorney. It goes without saying that trustworthiness is essential, particularly because of the potential gravity of certain medical decisions. Critical thinking skills are crucial, especially in high-pressure situations where urgent medical choices must be made. Additionally, effective communication skills are important for interacting with doctors, medical staff, and family members to coordinate care appropriately.
Who Can Serve as a Healthcare POA?
There are only two legal requirements that a person must meet in order to be eligible to be an agent under a Healthcare POA. The first of these is that the agent must be of the minimum legal age, which in Michigan is 18. Second is that the agent must be of sound mind in order to be capable of making clear decisions. Family members, spouses, and close friends are common choices for agents but professional fiduciaries can also serve in this role when objectivity is needed.
While not legally required, potential conflicts of interest should be carefully considered. Individuals with financial motives, personal biases, or strained relationships with the principal may not be the best choice as an agent. They should be capable of prioritizing the principal’s well-being without external influences affecting their decisions. It should be noted that in the event that an agent abuses their powers of attorney, they can have their status revoked through a court petition.
Legal Steps to Designate a Healthcare POA
Creating a legally valid Durable Power of Attorney (DPOA) for Healthcare requires drafting a document that explicitly names the chosen agent and outlines their decision-making authority. The document must comply with the guidelines set out by the State of Michigan, which dictates specific language, witness signatures, and notarization requirements.
Once completed, it’s advisable that copies be provided to healthcare providers, family members, and legal representatives to ensure accessibility in the event of a medical emergency. Storing the document in a secure but accessible location helps prevent delays in executing the principal’s healthcare decisions when needed.