Table of contents:
Appointment and Execution of a Medical Power of Attorney
Creating a medical power of attorney in Virginia is a straightforward process that empowers you to appoint a trusted individual to make medical decisions on your behalf in the event that you become incapacitated. Here’s a step-by-step guide to ensure a valid medical power of attorney:
Step 1: Choose a Healthcare Agent
Select a person you trust implicitly, who understands your values and medical preferences. This individual will be responsible for making medical decisions on your behalf when you are unable to do so.
Step 2: Complete the Medical Power of Attorney Form
Obtain a Virginia-specific medical power of attorney form, which is available online or from an attorney. Fill out the form carefully, providing the necessary information, including your name, address, and the name and contact information of your healthcare agent.
Step 3: Signatures and Witnesses
The medical power of attorney must be signed by you in the presence of two adult witnesses who are not related to you or your healthcare agent. The witnesses must also sign the document, verifying your identity and that you signed the document voluntarily.
Step 4: Notary Public
In Virginia, a medical power of attorney does not require notarization. However, some healthcare providers may request a notarized document. If you prefer, you can have your medical power of attorney notarized by a notary public.
Step 5: Distribution and Storage
Once the medical power of attorney is executed, distribute copies to your healthcare agent, healthcare providers, and family members. Keep the original document in a safe and accessible location.
Scope of Authority
The medical power of attorney grants the agent broad authority to make medical decisions on behalf of the principal. This authority includes the power to:
- Consent to or refuse medical treatment
- Make decisions about life-sustaining treatment
- Access the principal’s medical records
- Communicate with the principal’s healthcare providers
Limitations and Restrictions
The agent’s authority is not unlimited. There are certain limitations and restrictions that may apply, such as:
- The agent cannot make decisions that are contrary to the principal’s wishes.
- The agent cannot make decisions that are not medically necessary.
- The agent cannot make decisions that would result in the principal’s death.
Termination and Revocation
A medical power of attorney can be terminated or revoked under certain circumstances. Termination refers to the automatic end of the power of attorney due to specific events, while revocation is an intentional act by the principal to end the power of attorney.
Termination
- Death of the principal: The medical power of attorney automatically terminates upon the death of the principal.
- Appointment of a guardian or conservator: If a guardian or conservator is appointed for the principal, the medical power of attorney is typically terminated unless the court specifically orders otherwise.
- Expiration of the power of attorney: If the medical power of attorney includes an expiration date, it will automatically terminate on that date.
Revocation
- Written revocation: The principal can revoke the medical power of attorney by signing a written revocation statement that clearly states their intent to revoke the power of attorney.
- Oral revocation: In some states, the principal can revoke the medical power of attorney orally in the presence of two witnesses who sign a written statement confirming the revocation.
- Implied revocation: The principal can also revoke the medical power of attorney by creating a new medical power of attorney that replaces the old one.
It’s important to note that once a medical power of attorney is terminated or revoked, it cannot be reinstated unless the principal creates a new medical power of attorney.
Legal Implications and Considerations
Creating and using a medical power of attorney entails significant legal implications that warrant careful consideration. It is crucial to be aware of the legal responsibilities and potential liabilities associated with this document.
By granting authority to another person to make medical decisions on your behalf, you are essentially delegating a portion of your autonomy. This can raise concerns regarding the agent’s actions and the extent of their decision-making authority.
Liability Concerns
The agent designated in the medical power of attorney assumes legal responsibility for the decisions they make regarding your medical care. If their actions or decisions result in any harm or adverse consequences, they may be held liable for their conduct.
It is essential to select an agent who is trustworthy, responsible, and capable of making informed medical decisions in your best interests. Thoroughly discussing your wishes and expectations with your agent beforehand can help mitigate potential liability issues.
Legal Protections
Medical powers of attorney are legally recognized documents that provide legal protections for both the principal and the agent. They ensure that your medical wishes are respected and that your agent has the authority to make decisions on your behalf.
However, it is important to note that the legal protections afforded by a medical power of attorney may vary depending on the specific laws and regulations in your jurisdiction. It is advisable to consult with an attorney to ensure that the document is valid and enforceable in your state.
