3 Ways to Secure Your Medical Voice Before a Crisis Hits
Experts advise naming a specific advocate, keeping documents accessible, and verifying state laws to ensure your health wishes are followed.
By Anthony Foster ·
A medical power of attorney gives one person the legal right to make health care choices for you when you cannot.
Sam Cradduck, a gerontologist, explained that this designation carries broad authority over major life events. The named individual can decide whether a patient undergoes surgery, enters a skilled nursing facility for rehabilitation, or moves into assisted living. They also determine whether the patient returns home and who provides care there. Cradduck emphasized that this person must set aside personal feelings to honor the patient's specific wishes, rather than acting on what they personally desire in a life and death situation.
Amy O'Rourke, an aging expert, noted that the document goes by several names, including health care surrogate, health care power of attorney, and health care proxy. She cautioned against assuming that marriage automatically grants a spouse the right to make these decisions. Depending on state laws, a hospital may turn away a spouse who arrives without the proper paperwork. O'Rourke stressed that a family relationship alone does not guarantee the power to make medical choices for a partner.
Katherine Ambrose, an aging well coach, advised keeping physical copies of the document in easy to reach locations. She suggested placing a copy on a refrigerator or in a vehicle, rather than locking it in a safe deposit box. Ambrose explained that paramedics or doctors need to be able to find the document quickly during an emergency. If a doctor does not have the paper, they may make decisions without knowing the patient's preferences. She recommended that all involved parties have duplicates and know how to produce them immediately.
Dr. Rhea Rogers, a board certified physician, clarified that naming a medical power of attorney does not remove a person's rights while they have capacity. The decision only takes effect when the individual can no longer make choices. Ambrose compared selecting this person to picking a designated driver before going out. She noted that long lost relatives may appear during a medical crisis and try to impose their own views. To help the chosen advocate, patients can record a video stating their wishes. While a video may not hold up in court, Ambrose said it can help persuade family members to respect the patient's instructions.
O'Rourke pointed to FiveWishes.org as a resource for obtaining the necessary forms. She described the site as expansive in the topics it covers. Ambrose added that local charitable organizations may provide essential documents, and an estate planning attorney can help put all paperwork in place. She also suggested naming a backup person in case the first choice is unavailable when needed.
State rules vary regarding whether a medical power of attorney must be notarized. O'Rourke advised checking local regulations to ensure the document meets legal standards. Cradduck warned travelers not to assume their home state rules apply elsewhere. She recommended verifying the requirements of the state being visited to avoid complications during a trip.
