Preparing a Durable Power of Attorney for Health Care
Advance care planning is preparing for future decisions about medical care if a person becomes very ill or is unable to communicate their wishes. Putting preferences in writing in legal documents helps communicate your wishes.
A durable power of attorney (DPA) is a legal document that gives one person the authority to make medical, legal, or financial decisions for another person. It is often a spouse, relative, friend, or lawyer. It may go into effect when the person who grants it is no longer able to make decisions for themself, depending on how it is written.
A durable power of attorney for health care is a legal document that allows a person to choose someone to make medical decisions for them if they can't communicate. It includes naming a health care proxy, who should know the values and wishes of the person granting the DPA for health care. This is also called a medical power of attorney or a health care proxy.
An advance directive is a legal document that states a person’s wishes about receiving medical care if that person is no longer able to make medical decisions because of a serious illness or injury. An advance directive may also name another individual (for example, a health care proxy) who has the authority to make medical decisions when a person can no longer make decisions. There are different types of advance directives, including:
- A living will: This document tells doctors how you want to be medically treated in an emergency or urgent medical situation, and you cannot communicate your decisions for treatment. A living will contains information about your wishes to have or halt-life-sustaining healthcare based on the situations you define.
- Durable power of attorney (DPA) for health care
- Do not resuscitate (DNR) orders.
In the United States, the laws for advance directives may be different for each state, and each state may allow only certain types of advance directives. A person can have more than one of these advance directives.
To create a durable power of attorney, durable power of attorney for health care, or advance directive, choose a trusted person, discuss your wishes, complete the necessary forms, and ensure the document is legally valid. You may wish to consult a lawyer for help in preparing the documents. There are also free online resources to help people created advance directives.
When completed, be sure to keep the documents in a safe place and let a trusted person or your attorney know where to find your documents in case of emergency. You may also want to provide your doctor with a copy of your living will to keep in your medical file. You can review and update your plans if your wishes change.