Medical Power Of Attorney

A medical power of attorney does two things: First, it allows you to appoint someone as your agent for purposes of making medical decisions. That person is called your "patient advocate." Second, it allows you to express your wishes concerning life-sustaining measures and similar matters. Notably, however, although you express your wishes, your patient advocate is not legally bound to follow those wishes. A court, however, will typically defer to the wishes you express in a medical power of attorney, should a dispute arise concerning your medical care. For that reason, it is good to formalize your wishes in a medical power of attorney.

Unlike the agent under a general durable power of attorney, your patient advocate does not have power to make medical decisions for you unless you are unable to do so yourself.

A medical power of attorney will often preclude the need for a guardian to be appointed for you by the probate court in the event you become incapacitated. Should someone initiate a guardianship proceeding in probate court, the person you have named as your patient advocate will typically be given priority for appointment as your guardian.

Should you wish to discuss the benefits of a medical power of attorney, please call us for a free consultation (888-526-4489).