Medical powers of attorney in estate planning

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Medical Power of Attorney in Estate Planning

Medical Power of Attorney and Its Significance in Estate Planning.

Why does the need for a power of attorney for healthcare arise?  When does the power become effective? What problems do you avoid by making use of the power of attorney on healthcare? What responsibilities are borne by your agent in a medical power of attorney? How does it differ from guardianship? You need a medical power of attorney and also be aware of how and when it can be revoked. Our qualified attorneys are always ready to help. 

What Medical power of attorney entails and Its importance in Estate Planning.

A medical power of attorney is a document that enables you to give someone to lawfully make vital decisions regarding your health care in case of your incapacitation by having the power, you will be making your peace of mind and your loved ones’.

The medical power of attorney; Its significance in estate planning.

A medical power of attorney is a vital instrument in your estate planning. Here are some of the reasons why you should have your medical power of attorney. By seeking the services of an elderly care lawyer, you will be able to prevent any errors and make your medical POA water-tight.

1. Creation of peace of mind.

In the event that you become very sick or sustain a fatal injury and are unable to be in control your medical care, your loved ones will need to step in and make these decisions on your behalf. This will typically necessitate a court proceeding which may be costly or can consume a lot of time. By engaging a trusted person to step in as your healthcare agent even before need arises can help create peace of mind for your family and for yourself.

2. Preparation for major medical procedures.

If you are arranging for a major procedure such as surgery, you are counselled to select a healthcare agent to step in in making medical decisions on your behalf since you cannot be able to offer your consent under anesthesia.

3. Addressing fears after a diagnosis of degenerative disease.

Medical conditions including cancer, Alzheimer’s, Huntington’s, and ALS will ultimately make it impossible for you to decide on your medical care. After the diagnosis, you may need to make a medical power of attorney before your condition worsens and when you can still communicate your desires about your care to your loved ones.

Functions that are carried out by your healthcare agent.         

Your medical POA agent is obligated by the law to act in your best interest whenever. It is upon you to limit the extent of their powers. You could include confines or deadlines in your medical POA deed. Largely, medical agents make decisions concerning;

  • The type of medical care you should receive which includes medical treatments, medications, home healthcare, and surgery.
  • The facilities from which your medical care will be offered to you.
  • The medical experts who will supervise your medical care.
  • Whose responsibility it will be to care for your daily needs such as grooming and feeding?
  • Where you will be residing in. These decisions will involve living in nursing homes, residential long-term care, or assisted living.


1. What a medical POA means?

It is a deed that will allow you to give someone you trust, basically an agent, the lawful power to make vital decisions concerning your health care needs in case of your incapacitation or if you are unable to make such decisions.

2. What will happen if one is diagnosed with degenerative disease?

 After the diagnosis, you will need to make a medical POA when you still are feeling better and you can communicate your desires concerning your health care to your loved ones.

3. What are the other names of the power of attorney?

 With respect to the place of your residence, the power can also be known as power of attorney for healthcare, an advance directive, or also a medical power of attorney directive

4. When is a durable medical POA considered effective?

 A durable power of attorney for healthcare should take effect as soon as one becomes incapacitated and is not in a position to make their own decisions concerning their medical care.

5. How does a medical POA and guardianship differ?

 While medical POA will allow you to make arrangements concerning your imminent medical care in case you will be unable to make such arrangements by yourself, in a guardianship, a guardian will be legally responsible for ensuring that all your needs are catered for in case you are incapacitated and you don’t have a medical power of attorney.

6. Can you create a medical by yourself?

Although you can do it by yourself, it’s advisable to find a lawyer specializing in planning for estates or an elderly law attorney to help guide you in creating the power.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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