Physician's Directive and Medical Power of Attorney

Both a physician's directive and a medical power of attorney may be used to authorize medical decisions for a person who is unable to make those decisions personally. While the medical power of attorney may authorize the agent to make any health care decisions that the principal is unable to make personally, a physician's directive applies only to the withdrawal or withholding of life-sustaining treatment when the principal is suffering from a terminal condition.

The physician's directive is the document that is commonly referred to as a "Living Will" or the "pull the plug" directive. It is recommended that a time period such as three days or five days of being kept alive solely by life support is listed in the directive so that the family and the doctors will all be completely satisfied that the principal is not recovering or making progress at the time life support is removed.

The medical power of attorney gives the agent general authority to make health care decisions for the principal when the principal cannot make them for themselves. The medical power of attorney should be considered as a person gets in the latter years of their life, or has been diagnosed with any serious medical condition which, by itself or the treatment required to treat the condition, may affect the person’s ability to make appropriate decisions.

The medical power of attorney can also be used for medical care decisions involving children under 18 years of age. If they regularly stay with someone not a parent, such as after school care or are going on a trip, you can execute the medical power of attorney to allow someone other than a parent to consent to medical care. The time frame can be limited or it can be left open to provide for your specific needs.

If you would like a physician's directive and/or a medical power of attorney, please contact our office.