Health Care Power of Attorney

A health care power of attorney is a document in which you designate someone to be your representative, or agent, in the event you are unable to make or communicate decisions about all aspects of your health care. Specifically, it empowers your agent to make health care decisions in the event of your incapacity.

The benefit is that you avoid court proceedings. The power remains valid even if you are unable to communicate to your doctor.

A health care power of attorney is broader than a living will. A living will only applies if you are terminally ill, permanently unconscious, or another similar condition as defined by state law. If you are only temporarily unconscious or otherwise unable to communicate, but are not terminally ill, in a permanent vegetative state, or other end-stage condition, a living will does not apply. But a health care power of attorney would apply in such scenarios.

It is common to have a separate living will to give your agent some guidance or incorporate living will provisions in the health care power of attorney.