# What Is a Health Care Power of Attorney (HCPOA)?

## What Is a Health Care Power of Attorney (HCPOA)?

A health care power of attorney (HCPOA) is a legal designation that allows an individual to empower another person to make decisions about their medical care. A healthcare power of attorney refers to a legal document and a specific person with legal authority. HCPOA is often included with an individual's Advance Directives or Living Wills.

### Key Takeaways

*   An HCPOA empowers a specific individual to speak with others and make decisions on an individual's behalf concerning a medical condition, treatment, and care.
*   An HCPOA may be charged with making life-and-death decisions on your behalf.
*   States have differing rules and forms for HCPOA designation.

## Role of the HCPOA

The health care [power of attorney](https://www.investopedia.com/terms/p/powerofattorney.asp) helps people who cannot communicate their wishes regarding medical care and treatment. The person or persons listed on the HCPOA document become the sick or injured person's agent or [healthcare proxy](https://www.investopedia.com/terms/p/proxydirective.asp).

Healthcare proxies communicate with the patient's doctors to prevent unwanted treatments and avoid making the wrong decisions. They also have the power to make medical decisions for the person who is incapacitated.

When the patient, owner of the HCPOA, becomes too ill to communicate their wishes about their medical care to others, the HCPOA becomes activated—meaning that the person named in the document has the power to make life and death decisions.  

> **Important**
>
> "HCPOA" refers to the HCPOA document and the person named in it.

## Designating a Power of Attorney

Anyone may serve as a health care power of attorney or an [attorney-in-fact](https://www.investopedia.com/terms/a/attorneyinfact.asp). The HCPOA can be a friend, partner, relative, or colleague. Writing an HCPOA involves completing a form and having it notarized. Individuals can change or revoke who they want to be their healthcare proxy at any time by destroying the old HCPOA and completing a new one.  

The form may list alternates if the first-named HCPOA is unavailable to serve in this capacity. Each state differs in this and other details, so individuals must consult their own state's rules and forms when arranging for an HCPOA. The form will also list any special requests, such as asking for a [do-not-resuscitate](https://www.investopedia.com/terms/a/advancedirective.asp) (DNR) order and avoiding interventions that will extend a person's life.

> **Warning**
>
> Indiana, New Hampshire, Ohio, Texas, and Wisconsin do not permit a universal power-of-attorney form and require that residents use their state-specific form instead to designate their power of attorney.

## DPOA vs. HCPOA

Individuals can designate two types of power of attorney: a durable power of attorney (DPOA) for finances and a medical or healthcare power of attorney (HCPOA). If an individual names a durable power of attorney, they give all decision-making authority over their financial, legal, and business interests should they become incapacitated or disabled. This person can take actions like paying bills or buying or selling property.

An HCPOA makes decisions regarding medical treatment and health care only. This role becomes effective only when an individual is incapacitated and unable to make medical intervention decisions for themselves. When conducting [estate planning](https://www.investopedia.com/terms/e/estateplanning.asp) many individuals may choose to have both an HCPOA and a DPOA.  

## Can Individuals Revise Their HCPOA?

Individuals can choose anyone they want as their healthcare proxy and reverse their decision at any time. To assign a new HCPOA, eradicate the original document and designate the new HCPOA.

## Does the HCPOA Document Need to Be Witnessed or Notarized?

Some states also require witnesses to be present if the individual is in a nursing home or care facility when completing an HCPOA. A basic healthcare power of attorney form requires the name, birthday, date, and identifying information of the individual named POA. The form must be [notarized](https://www.investopedia.com/terms/n/notarize.asp) in Missouri, North Carolina, South Carolina, or West Virginia. The healthcare power of attorney takes effect immediately once the paperwork is signed.

## What Are the Benefits of Designating a Health Care Power of Attorney?

In the case of an accident, a coma, or a [terminally ill](https://www.investopedia.com/terms/t/terminallyill.asp) situation, an individual with an HCPOA has a [trusted individual to make decisions](https://www.investopedia.com/articles/personal-finance/101514/power-attorney-do-you-need-one.asp) on their behalf.

## The Bottom Line

Depending on the state in which they reside, individuals can designate a health care power of attorney (HCPOA) to speak with others and make decisions on their behalf should they be unable to do so. An HCPOA may make life-and-death decisions and should be a trusted confidant.

> **Article Sources**
>
> 1.  Penn State Health. "[Healthcare Power of Attorney](https://www.pennstatehealth.org/sites/default/files/Penn%20State%20Health/Advance-Care-Planning/POA/PSH-PoA_English.pdf)."
>     
> 2.  American Bar Association. "[Healthcare Decision Making](https://www.americanbar.org/groups/law_aging/resources/health_care_decision_making/)."
>     
> 3.  McCullough & McCullough. "[The Difference Between a Durable and Medical Power of Attorney](https://www.gmcculloughlaw.com/blog/2017/11/the-difference-between-a-durable-and-medical-power-of-attorney/)."
>     
> 4.  Apply Payne Law. "[What Is the Difference Between a Health Care and Durable Power of Attorney?](https://applepaynelaw.com/blog/difference-between-a-health-care-and-durable-power-of-attorney/)"