Documents / Personal & Family
Medical Power of Attorney
Appoint a trusted healthcare agent to make medical decisions for you if a physician certifies you cannot make them yourself.
Time
~10 min
Questions
13
Steps
3
Export
PDF · Word
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What we will cover
- 01
The Principal
The principal is the person this document is about — the person whose medical decisions the agent will make.
- 02
Healthcare Agent
Choose someone who knows your values, can handle pressure, and will advocate for you with physicians — and make sure they are willing to serve.
- 03
Scope of Authority
- 04
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About this document
A medical power of attorney names the person — your healthcare agent or proxy — who will make medical decisions for you if a physician certifies that you cannot make them yourself. It also includes a HIPAA authorization so your agent can actually see your records and speak with your doctors, which is the part families most often discover is missing when they need it.
Execution rules are set by state law and are not uniform: most states require two adult witnesses, notarization, or both, and most bar your agent from serving as a witness, along with your attending physician and employees of your care facility. Many states publish a statutory form that hospitals recognize immediately. Print it, sign in ink before the required witnesses or notary, and give copies to your agent, your alternate, and your physician.
Common questions
Does a medical power of attorney need to be notarized?+
In some states yes, in others two witnesses are enough, and several accept either. Because the document often has to be honored quickly by a hospital that has never seen it, signing before both witnesses and a notary is the safest approach. Do not let the person you are naming as agent sign as a witness — that disqualifies the witness in most states.
Can my spouse make medical decisions for me without one?+
Often, but not reliably. Most states have a default surrogate statute that ranks spouse, adult children, and parents in a fixed order, which can hand the decision to someone you would not have chosen or deadlock among several people with equal standing. A written appointment removes the ambiguity and gives providers someone they can talk to immediately.
Who should I not name as my healthcare agent?+
Anyone who cannot be reached quickly, cannot hold their ground in a room full of physicians, or would be too conflicted to follow your instructions rather than their own wishes. Most states also prohibit your attending physician and employees of your healthcare facility from serving. Name an alternate, and confirm both people are willing before you sign.
General information, not legal advice — laws vary by state and change over time.
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