Adults value their independence. As children, we look forward to that time in life when we can make our own decisions. But life can be unpredictable, and there may come a time when you need someone you trust to make decisions for you. This is especially true if you become physically or mentally incapacitated. It is exactly this purpose for which the Medical Power of Attorney was designed.

The Medical Power of Attorney is a legal document, signed by a competent adult, naming a person that he/she trusts to make health care decisions on his/her behalf in the event that they become incompetent. The individual who signs the document is referred to as the principal and the person chosen to act on his/her behalf is known as the agent. The Medical Power of Attorney becomes effective immediately after it has been executed and delivered to the agent. It remains in effect indefinitely unless it spells out a specific termination date, it is revoked, or the principal regains competence.

The Medical Power of Attorney is not legally binding unless the principal signs a disclosure statement that states he/she has read and understood the contents of the document before signing it.

Two witnesses must also sign the Medical Power of Attorney. At least one of the witnesses may not be:

• Designated by the principal to make health care decisions on his/her behalf;
• Related to the principal by blood or through marriage;
• The principal's doctor or the doctor's employee;
• Entitled to a part of the principal's estate;
• A claimant against the principal's estate;
• An employee of a health care facility in which the principal is a patient if the employee is the principal's direct care provider;
• An officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.

Even though the document goes into effect immediately, an agent can only make health care decisions about the principal's treatment if the attending physician verifies in writing that the principal is incompetent to make the decisions for him/herself. Treatment may not be given to or withheld from the principal if the principal objects. This is the case whether or not the principal is deemed incompetent.

Under a Medical Power of Attorney, an agent is given a lot of latitude when deciding upon treatment on the principal's behalf. However, there are some circumstances in which an agent cannot consent to:

• Commitment to a mental institution
• Convulsive treatment
• Psychosurgery
• Abortion
• Neglect of comfort care

Notifying either the agent or the principal's doctor of the principal's intent to revoke may make a Medical Power of Attorney null and void. This notification can be done orally or in writing. The revocation is valid regardless of the principal's capacity to make health care decisions. If the principal executes a more recent Medical Power of Attorney, then all earlier versions are revoked. If the principal names his/her spouse as agent and they later divorce, the Medical Power of Attorney is revoked.

In your lifetime, you may become seriously injured, terminally ill, or otherwise incapacitated in a way that would cause you to be unable to make your own decisions regarding health care. If this should happen, it would be comforting to know you have someone you trust who knows your values and religious beliefs to make the kinds of decisions you would make for yourself. The Medical Power of Attorney can give you that peace of mind.

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