What Is a Medical Power of Attorney?

A Medical Power of Attorney is a document created to permit an individual to legally designate themselves an official representative. This legal representative will have the right to decide upon what may happen to the individual, what treatments they receive and any other crucial questions that could arise at any point. However, the legal representative only gains the rights outlined in a Power of Attorney for Medical Decisions when the individual who gave these rights is no longer fit to make such decisions independently which is usually due to poor health.

However, in order to safeguard the individual who has delegated such rights, they must detail a preferential guide for the way they want to be treated and include this in a separate document. This will prevent the individual with newly obtained powers from using these powers to cause harm or go against the wishes and beliefs of the individual who initially drafted the document. 

A Medical Power of Attorney for a Child is also possible where an individual gains powers to make medical choices for a child. However, in this case, it is also important to understand that the parents of the child will still hold the same rights.

Medical Power of Attorney Forms by State

Medical Power of Attorney Forms may vary between states. The main differences will often relate to the signing procedures and laws surrounding this in each state. In some states, it may be compulsory to have a notary public witness the signing whilst in others, only witnesses would be required. There are also states where you would need both the notary public and witnesses present. However, in some states, there are no legal procedures relating to this and in such cases, the presence of a notary public will most likely be recommended.

Alabama Hawaii Massachusetts New Mexico South Dakota
Alaska Idaho Michigan New York Tennessee
Arizona Illinois Minnesota North Carolina Texas
Arkansas Indiana Mississippi North Dakota Utah
California Iowa Missouri Ohio Vermont
Colorado Kansas Montana Oklahoma Virginia
Connecticut Kentucky Nebraska Oregon Washington
Delaware Louisiana Nevada Pennsylvania West Virginia
Florida Maine New Hampshire Rhode Island Wisconsin
Georgia Maryland New Jersey South Carolina Wyoming

What Does a Medical Power of Attorney Do?

In simple terms, a Medical Power of Attorney allows a person (referred to as a principal) to designate themselves a trusted individual (known as an agent), giving them the power to communicate with healthcare professionals and make choices in the name of the principal when they are no longer able to. The agent selected must defend the best interests of the principal and execute treatment exactly as the principal would have wanted. 

This is a big responsibility so it is crucial that the named agent must be someone extremely trustworthy. This is why in the majority of cases, the principal will select a close family member or sometimes a close friend to be their agent and represent them if needs be. 

How to Get a Medical Power of Attorney?

Getting a Medical Power of Attorney is a relatively simple procedure and will not take up too much of your time. You could start by obtaining a Medical Power of Attorney Form template specific to your state. These templates will contain all of the necessary information and will follow the correct structure, using the correct language. All that you would need to do is just simply enter the details specific to you and your selected agent. Another advantage of this is that by using state specific templates, they will take into account any state laws and all of this information will be incorporated and reflected within the document – particularly information regarding the signing of the document, which varies between states.

Once you have found a template for your state, you should edit it and include the required personal information of the principal and of the selected agent. Make sure to sign the documents appropriately, apart from both the principal and the agent you may also need a notary public and/or a witness/witnesses. 

You must ensure that you pick a reliable agent. This agent needs to accept your offer and you should clearly specify in writing what choices they are within right to make for you. You should also think about attaching a Living Will to this document. The number of agents that a principal can choose will again vary with the state. Some states allow for up to 2 agents to be chosen whilst others may allow up to 3. 

When Does a Medical Power of Attorney Take Effect?

A Medical Power of Attorney does not immediately come into effect once it has been signed. It will only come into effect in the instance that the principal is no longer in a fit state of mind to make appropriate medical decisions for themselves. This has to be determined by a healthcare professional. There can be several reasons for this including going through an illness that leaves the principal with no way to communicate (such as a stroke), entering a comatose state, or developing a neurological disorder such as Alzheimer’s. 

Once it is clear that the principal can no longer make these decisions, the agent can step in and will have the right to make important medical decisions. However, if the principal is of sound mind they have the right to terminate any existing Medical Power of Attorney. 

How to Write a Medical Power of Attorney?

Writing up a Medical Power of Attorney is straightforward, particularly if you opt to use an editable template. We have created a shortlist of things to include in the document to ensure that you do not miss off any crucial elements which can be found below:

  • Start by clearly identifying the two involved parties and providing their full names and contact details;
  • If you as a principal want to impose some limitations on the decisions that the agent can make, you should clearly outline this in the appropriate section and specifically detail what decisions you forbid the agent to make;
  • Next, you should provide information regarding two additional agents that can be contacted in the event that the main agent is unreachable in urgent situations;
  • Provide information in regards to where the documents (including any copies) will be stored;
  • If you want to introduce an expiry date on the document, you must clearly state this along with the exact date after which the document will no longer be valid. Remember, even if there is no expiry date the principal still reserves the right to cancel any existing Medical Power of Attorney’s (providing that they are in a fit state to do so);
  • After all of this information is included, you should sign the document. This of course involves the principal and the agent, most likely this will need to be done before a notary public who will also be required to sign the document and attach their seal. You may also require witnesses – check this information for your state before drafting the document.

Still looking for a particular template? Take a look at the related templates below:

Documents

52

"Medical Power of Attorney Form" - Alabama

Rate (4.4 / 5) 18 votes
Size: 89 KB
4 pages

By using this type of form in the state of Alabama, a person may choose a representative to legally represent them in a medical setting.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Alaska

Rate (4.5 / 5) 21 votes
Size: 89 KB
4 pages

This type of form is used in the state of Alaska when a principal wants to delegate themselves an agent with the legal rights to make certain medical decisions in their favor, on their behalf.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Arizona

Rate (4.6 / 5) 9 votes
Size: 89 KB
4 pages

This type of form grants agents the power to make specific medical choices in relation to the principal in the state of Arizona.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Arkansas

Rate (4.7 / 5) 23 votes
Size: 89 KB
4 pages

This type of form is used in Arkansas to permit another individual the right to make important medical decisions on behalf of the principal.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - California

Rate (4.8 / 5) 29 votes
Size: 89 KB
4 pages

In California, this type of form will ensure that the principal legally documents the permittance of specific medically related functions to their selected agent.

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"Medical Power of Attorney Form" - Colorado

Rate (4.3 / 5) 19 votes
Size: 89 KB
4 pages

Residents of Colorado may use this form to provide permission for another party to make important medical decisions on behalf of the principal.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Connecticut

Rate (4.4 / 5) 14 votes
Size: 89 KB
4 pages

Individuals living in Connecticut may use this form to give an agent the right to make decisions on treatment plans on behalf of the principal.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Delaware

Rate (4.5 / 5) 11 votes
Size: 89 KB
4 pages

By using this type of form in the state of Delaware, a person may choose a representative to legally represent them in a medical setting.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Florida

Rate (4.6 / 5) 8 votes
Size: 89 KB
4 pages

This type of form allows for an individual that resides in Florida to select themselves two agents that have the legal power to make medical decisions regarding the principal in emergency situations when the principal is not in a fit state to do so.

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"Medical Power of Attorney Form" - Georgia (United States)

Rate (4.7 / 5) 23 votes
Size: 89 KB
4 pages

In Georgia, this type of form provides an agent with the necessary rights and powers to make medical choices on behalf of the principal.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Hawaii

Rate (4.8 / 5) 6 votes
Size: 89 KB
4 pages

This type of form gives permission for an agent to represent a principal in a medical setting, allowing them to make specific choices relating to treatment and any other significant medical decisions in the state of Hawaii.

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"Medical Power of Attorney Form" - Idaho

Rate (4.3 / 5) 23 votes
Size: 89 KB
4 pages

This type of form is required in Idaho in instances when a principal wants to designate themselves an agent, legally allowing them to make important medical decisions on their behalf.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Illinois

Rate (4.4 / 5) 11 votes
Size: 89 KB
4 pages

In Illinois, this type of form provides legal confirmation that another person can represent another individual in a clinical setting, making important decisions concerning treatment plans.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Indiana

Rate (4.5 / 5) 24 votes
Size: 89 KB
4 pages

Residents of Indiana may use this type of form to give another person the legal right to represent and make medical decisions on behalf of another person.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Iowa

Rate (4.6 / 5) 8 votes
Size: 89 KB
4 pages

By using this type of form in the state of Iowa, a person may choose a representative to legally represent them in a medical setting.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Kansas

Rate (4.8 / 5) 8 votes
Size: 89 KB
4 pages

In Kansas, this type of form is used to confirm that a principal has delegated themselves an agent for medical-related issues.

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"Medical Power of Attorney Form" - Kentucky

Rate (4.8 / 5) 16 votes
Size: 89 KB
4 pages

By using this type of form in the state of Kentucky, a person may choose a representative to legally represent them in a medical setting.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Louisiana

Rate (4.3 / 5) 12 votes
Size: 89 KB
4 pages

Residents of Louisiana may use this type of form when a principal wants to create a back-up option regarding their treatment and have another individual be able to make specific choices concerning treatment.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Maine

Rate (4.4 / 5) 31 votes
Size: 89 KB
4 pages

Residents of Maine can use this form to provide an individual with the opportunity to pick a medical representative agent that will be given powers relating to medical treatment and any relevant instructions that may be required post-death.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Maryland

Rate (4.5 / 5) 21 votes
Size: 89 KB
4 pages

This is a legal document that provides official permission for an agent to act on behalf of a principal in a medical setting in the state of Maryland.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Massachusetts

Rate (4.6 / 5) 15 votes
Size: 89 KB
4 pages

Residents ofMassachusetts may use this type of form when a principal wants to create a back-up option regarding their treatment and have another individual be able to make specific choices concerning treatment.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Michigan

Rate (4.7 / 5) 25 votes
Size: 89 KB
4 pages

This is a document used in Michigan that legally allows a person to select and use an agent relating to medical decisions.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Minnesota

Rate (4.8 / 5) 35 votes
Size: 89 KB
4 pages

Residents of Minnesota may use this type of form when a principal wants to create a back-up option regarding their treatment and have another individual be able to make specific choices concerning treatment.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Mississippi

Rate (4.3 / 5) 22 votes
Size: 89 KB
4 pages

This type of form allows an individual residing in Mississippi to find and document themselves a representative that will be able to represent their interests and wishes in medical settings, particularly questions concerning treatment.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Missouri

Rate (4.4 / 5) 11 votes
Size: 89 KB
4 pages

Individuals residing in Missouri may use this legal document to grant another individual permission to make important medical decisions (those usually concerning treatment) on their behalf.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Montana

Rate (4.5 / 5) 6 votes
Size: 89 KB
4 pages

By using this type of form an individual living in Montana expresses their right to choose a representative, allowing them to represent their interests in a medical setting.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Nebraska

Rate (4.6 / 5) 20 votes
Size: 89 KB
4 pages

This type of form is used in Nebraska when a principal wants to give out powers to an agent with the legal rights to make medical decisions on the behalf of the principal.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Nevada

Rate (4.7 / 5) 21 votes
Size: 89 KB
4 pages

Residents of Nevada may use this form to grant an agent special powers, allowing them to make specific medical decisions related to the principal.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - New Hampshire

Rate (4.8 / 5) 10 votes
Size: 89 KB
4 pages

This form is used in New Hampshire to allow another individual (usually a close friend or relative) the power to make important medical choices on behalf of the principal.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - New Jersey

Rate (4.3 / 5) 20 votes
Size: 89 KB
4 pages

Residents of New Jersey may use this type of form when a principal wants to create a back-up option regarding their treatment and have another individual be able to make specific choices concerning treatment.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - New Mexico

Rate (4.4 / 5) 24 votes
Size: 89 KB
4 pages

This form is used when permission is granted by a principal, allowing another party to make vital medical choices on behalf of the principal in the state of New Mexico.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - New York

Rate (4.5 / 5) 20 votes
Size: 89 KB
4 pages

This type of form is used in New York and will give an agent the power to make important choices concerning treatment plans on behalf of the principal.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - North Carolina

Rate (4.6 / 5) 18 votes
Size: 89 KB
4 pages

Residents of North Carolina may use this type of form when a principal wants to create a back-up option regarding their treatment and have another individual be able to make specific choices concerning treatment.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - North Dakota

Rate (4.7 / 5) 18 votes
Size: 89 KB
4 pages

This form is used in North Dakota and allows for a principal to delegate themselves an agent that will hold the legal right to make medical decisions concerning the principal in emergency situations.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Ohio

Rate (4.8 / 5) 21 votes
Size: 89 KB
4 pages

In Ohio, this form provides an agent with the legal power to make medical decisions on behalf of the principal.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Oklahoma

Rate (4.3 / 5) 6 votes
Size: 89 KB
4 pages

This form gives permission for an agent to represent a principal in a medical institution in the state of Oklahoma, allowing them to make certain decisions relating to treatment and any other important medical decisions.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Oregon

Rate (4.4 / 5) 10 votes
Size: 89 KB
4 pages

Residents of Oregon may use this form in cases when a principal wants to delegate themselves an agent, giving them legal permission to make vital medical decisions on their behalf.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Pennsylvania

Rate (4.5 / 5) 21 votes
Size: 89 KB
4 pages

In Pennsylvania, this form is a legal document confirming that an agent can represent another individual in a medical facility.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - Rhode Island

Rate (4.6 / 5) 21 votes
Size: 89 KB
4 pages

This form gives another individual the legal power to represent and make medical decisions on behalf of another individual in the state of Rhode Island.

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Power of Attorney (Poa) Business

"Medical Power of Attorney Form" - South Carolina

Rate (4.7 / 5) 14 votes
Size: 89 KB
4 pages

Residents of South Carolina may use this type of form when a principal wants to create a back-up option regarding their treatment and have another individual be able to make specific choices concerning treatment.

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Power of Attorney (Poa) Business