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Common Questions about Health Care Power of Attorney

These are common questions about health care power of attorney.

Questions about Health Care Power of Attorney

What is an advance directive?

An advance directive is a document where you write out what kind of care you want in case you cannot make health care decisions for yourself later. An advance directive can also include who you want to make those decisions for you.  

What are the advantages of having an advance directive?

Advance directives are a way to name a person you trust to make decisions for you if you are not able to express them. Having an advance directive may also prevent the need for a guardianship.

Can I have more than one kind of advance directive?

You can choose to have any number of advance directives. If you have more than one advance directive, make sure your wishes are consistent and that your patient advocate knows about each of them. 

What is a health care power of attorney?

A health care power of attorney is a document where you name someone to make health care decisions for you. This document is sometimes called a “patient advocate designation”. The person you name in the document is called your patient advocate.  

Is a health care power of attorney legally binding?

Yes.

Who can have a health care power of attorney?

You must be at least 18 years old. You must also understand you are giving another person power to make certain decisions for you should you become unable to make them. 

When can my patient advocate make decisions for me?

Your patient advocate can make decisions for you only if you can’t make medical treatment decisions for yourself. Until that time, you make your own decisions.

How might I become unable to participate in medical or mental health decisions?

You might have a temporary loss of ability to make or communicate decisions. For example, you may have a stroke or become unconscious in a car accident. You might suffer permanent loss through a long-term condition, like dementia. Your patient advocate can only make decisions for you when you are unable to participate in medical decisions.

Who determines I am no longer able to make my own health care decisions?

Your doctor and one other doctor or psychologist who examines you will make that determination.

What powers can I give my patient advocate?

You can give a patient advocate power to make health care decisions you would normally make for yourself. Some examples of powers you can give your patient advocate are the power to: 

  • Consent to or refuse medical treatment 
  • Arrange home health care or adult day care
  • Admit you to a hospital or nursing home
Will my patient advocate have power to handle my financial affairs?

Your patient advocate will not have power to handle your property and finances. If you want another person to handle your property or financial affairs, you may want to talk to a lawyer about a financial power of attorney. Use the Guide to Legal Help to find a lawyer or legal services in your area. 

What must my patient advocate do?

Your patient advocate has a duty to take reasonable steps to follow your wishes and instructions, both oral and written.

Who can I name as my patient advocate?

You can name anyone that is 18 or older. You can name your spouse, an adult child, a friend, or any other person. Your patient advocate should be someone you trust and who can handle the responsibility.

You should talk to the person you want to name as your patient advocate before you complete and sign the document. That way you make sure they are willing to serve.