A Power of Attorney for Health Care, sometimes called a "Medical Power of Attorney" is a legal document signed by a person who understands what s/he is signing, while s/he is still able to make his/her own decisions (i.e. is competent). This document allows you to name someone as your agent to make medical decisions on your behalf in the event you become incapacitated and are no longer unable to make your own medical decisions. 

 A Medical Power of Attorney is sometimes confused with a similar legal document called an "Advanced Medical Directive" or "Living Will." While both of these documents pertain to your health care needs, they actually serve different purposes.  The Medical Power of Attorney gives your agent the authority to make medical decisions for you based on his/her best judgment.  In contrast, the Advanced Medical Directive gives your agent the authority to carry out the directions you have provided in advance, in regard to how you would like your medical situation to be handled in the event you could only survive upon receiving artificial life-sustaining treatment.  Additionally, you can specify directions about whether you would allow an autopsy or use of experimental procedures.  This allows you to give instructions to your physicians and family members well in advance. 

 Having a written Advanced Medical Directive is also a kind thing to do for your family, because it takes the guesswork out of the situation, making the decision as to artificial life-sustaining treatment less burdensome. Your loved ones will have clear, written instructions, which were signed by you. These directives are helpful to medical personnel and facilities for the same reason.  

 Drafting the directive will force you to sit down and decide how you feel about certain issues that people tend to want to put off thinking about.   Once these decisions are made and the forms are signed there is always a feeling of relief and accomplishment.

 One very important aspect of both Medical Powers of Attorney and Advanced Medical Directives involves your ability to choose the person or persons who you would like to speak for you (i.e. your agent).  This is especially helpful for persons who are in long-term relationships that are not legally recognized. (For instance long-term partners who are unable to marry or who choose not to marry or persons who are "like parent and child" but have never pursued a formal adoption).

 At Kalish Law Office, we have 26 years of experience in estate planning matters, including Medical Powers of Attorney and Advanced Medical Directives, as well as other legal areas which help individuals, families and businesses plan for the future.  At our firm there are attorneys with a background in health care as well as an attorneys and staff who are fluent in both English and Spanish. 

 Don't put off taking care of this important issue!