Medical Power of Attorney & Healthcare Proxy

Medical Power of Attorney & Healthcare Proxy: a practical guide

A Medical Power of Attorney or Healthcare Proxy names someone to help make healthcare decisions for you if you cannot make or communicate them yourself. It can also set out the limits and guidance you want that person to follow.

What it's for

People use this document to choose who should speak with healthcare professionals and make decisions on their behalf in situations covered by the document. The person chosen is often called an agent, representative, or proxy. Discuss the role with that person before naming them, including whether they are willing and likely to be reachable when needed.

Use the terms to explain when the agent’s role begins and what decisions it covers. You can record your values and treatment preferences in Additional Terms & Provisions, using clear language and discussing the wording with your agent and healthcare professionals. A Living Will & Advance Healthcare Directive may fit better if your main goal is to write treatment instructions rather than name a decision-maker.

Who uses it

• Someone who wants a trusted person to speak for them during an illness or medical emergency.
• A person planning ahead before an operation, a major health change, or a period when they may not be able to communicate.
• Someone who wants their healthcare preferences explained to the person they appoint.
• A person who wants a backup plan in case their first choice cannot be reached or does not want to serve.
• Someone who wants to identify a decision-maker and make their wishes clear when family or close contacts may disagree about healthcare choices.

Terms to decide on

When the agent may act

State clearly what circumstances allow the agent to make decisions, such as when you cannot make or communicate them yourself. The conditions and wording needed for this to work differ by place, so check local requirements.

Scope of decisions

Describe the healthcare decisions the agent may make, such as discussing care options with the medical team or choosing among treatments. Identify any decisions you want to keep for yourself or exclude, and make each limit specific.

Your wishes and values

Write down the outcomes and priorities that matter to you, such as comfort, independence, or particular treatment preferences. Give enough context to help the agent apply those wishes if a situation is not covered word for word.

Agent and backup choice

Name the person you trust to take this role and consider naming a backup if the first person is unavailable. Explain whether you expect one person to decide at a time or want more than one person involved, and check that the arrangement is accepted where the document will be used.

Information and communication

Clarify whether the agent may speak with healthcare professionals and receive information needed to make decisions. State how the agent should contact you, family members, or other people you want included when possible.

Duration, revocation, and changes

Set out any end condition or expiration you want and how you intend to change or cancel the appointment. The steps for changing or withdrawing a document can depend on local rules.

Sub-delegation

Decide whether the agent may ask another person to act for them, if that is allowed where the document will be used. If you do not want this, say so clearly; if you do, specify which tasks may be delegated.

Common mistakes

• Choosing someone without first asking whether they accept the responsibility or can be reached when needed.
• Using broad phrases like “make all decisions” without explaining what the agent may decide or what limits apply.
• Writing treatment preferences that are vague, contradictory, or difficult to apply to an actual care decision.
• Naming several agents without explaining whether they act together, separately, or in a particular order.
• Assuming a family member or healthcare professional knows about the document or where to find it.
• Leaving out a backup choice, or failing to update the document after a change in relationships or wishes.

Before you sign

• Confirm that the person you named understands and accepts the role.
• Read the document with your agent and discuss your wishes in concrete terms.
• Check whether the signing, witness, notarization, registration, notice, or wording rules differ where the document will be used.
• Make sure names and contact details are accurate and that any limits are easy to understand.
• Ask a healthcare professional how to share the document with your care team.
• Check with a qualified lawyer if the situation is complex or a lot is at stake.
• Keep accessible copies and tell your agent and chosen contacts where they are.