A Health Care Power of Attorney is a document that allows you to designate a person (an “Agent”) who will have the authority to make health care decisions on your behalf if you are unconscious, mentally incompetent, or otherwise unable to make such decisions. You can also express your wishes regarding whether you wish to receive “life-sustaining procedures” if you become permanently comatose or terminally ill, in the Health Care Power of Attorney document. This will help your agent to know your wishes as he or she makes decisions for you. You should discuss the Health Care Power of Attorney with the Agent, expressing your wishes, values, and preferences regarding health care.
A Health Care Power of Attorney is different from a Living Will because it allows you to appoint someone to make health care decisions for you. A Living Will only allows you to express your wishes concerning life-sustaining procedures.
Living Wills and Health Care Powers of Attorney are considered “Advance Health Care Directives” because you’re giving instructions on what you’d want to happen in the event that you become unable to make health care decisions in the future.
Even if you have executed a Health Care Power of Attorney, you still have the right to give medical directions to physicians as long as you are able to do so. This document only becomes effective when you do not have the capacity to give, withdraw or withhold informed consent regarding your health care.