Health Care Power of Attorney

Q. What is a health care power of attorney?

A. A health care power of attorney (or “durable power of attorney for health care,” sometimes known as a “DPOA”) is a legal document that authorizes another person to make health care decisions for you if you cannot make them for yourself.

Q. How do I know who to choose as my health care power of attorney?

A. You should choose someone you trust to make a wide variety of health care decisions for you at any time you cannot do so for yourself, whether or not your condition is terminal. Keep in mind that your DPOA only becomes effective when you cannot make your own decisions regarding treatment. The DPOA requires the person you have appointed to make decisions that are consistent with your wishes.

Q. Can my health care power of attorney make decision that are in contradiction with my living will?

A. No, your health care power of attorney or DPOA cannot overrule your living will as long as you have both documents.

Q. If I have a living will, do I need a health care power of attorney, too?

A. You may want to have both documents because they address different aspects of your medical care. A living will gives your end-of-life instructions directly to your doctor and applies only when you cannot communicate your wishes. A health care power of attorney covers a wide range of health care decisions, such as approving surgery, that do not necessarily involve an imminent death.