Choosing a medical decision-maker requires more than family ties
Experts advise that naming a specific individual in a medical power of attorney is essential, as spouses do not automatically hold legal authority to make health care choices during a crisis.
By Oliver Bennett ·
Individuals seeking to maintain control over their future health care must designate a specific person to make decisions if they become incapacitated. This process involves selecting a representative who understands and will strictly adhere to the patient's expressed wishes.
Sam Cradduck, a gerontologist, explained that the named individual holds extensive decision-making power. This authority covers choices regarding surgery, placement in skilled rehabilitation facilities, assisted living arrangements, and the selection of home caregivers. Cradduck emphasized that the chosen person must be able to set personal emotions aside. They must advocate for the patient's specific wishes rather than their own desires, particularly when life-and-death decisions are required.
Amy O'Rourke, an aging expert, noted that the document is known by several names, including health care surrogate, health care power of attorney, and health care proxy. Despite the varying terminology, O'Rourke cautioned that married couples should not assume a spouse automatically has the power to make medical decisions. Without the proper legal document, a spouse visiting the hospital could be turned away, depending on state regulations.
Experts stressed that the physical document must be accessible. Cradduck warned that a hospital is not required to honor a claim of power of attorney if the paper is not produced. In scenarios such as a car accident, a doctor might be forced to make decisions without knowledge of the patient's preferences if the paperwork is unavailable. Katherine Ambrose, an aging well coach, suggested keeping copies in easily found locations, such as on a refrigerator, rather than locked in a safe deposit box.
Dr. Rhea Rogers, a board-certified physician, clarified that having a medical power of attorney does not remove a person's rights as long as they have mental capacity. The document only activates when the individual can no longer make their own decisions. Ambrose also recommended naming a backup person in case the primary choice is unavailable. She noted that a video recording of the patient's wishes could help persuade family members, though it may not hold up in court.
To complete the paperwork, O'Rourke recommended the resource FiveWishes.org, which offers expansive topics for consideration. She advised that local charitable organizations may also provide essential documents, while an estate planning attorney can assist with the full process. O'Rourke and Cradduck both urged individuals to check their state's specific rules regarding notarization requirements. They also warned travelers to verify that their document meets the regulations of the state they are visiting, as rules vary by jurisdiction.
