A medical power of attorney (also known as a durable power of attorney for health care) is a type of advance directive that allows a person called your health care agent, proxy, or surrogate or attorney-in-fact to make health care decisions for you if you cannot make them yourself. In a few states, you can designate a health care agent to speak for you immediately and at any time that you choose not to make your own medical decisions. This document may also be called a health care power of attorney or health care proxy.

All 50 states and the District of Columbia have laws about these documents. However, state laws vary in their requirements.

• Some states have a standard form for durable power of attorney for health care.
• Some states may limit your choice of a health care agent. For example, some states will not allow you to choose your treating doctor or someone who works at a hospital or nursing home where you might receive care unless that person is a relative.
• Your form must be witnessed as your state requires, usually by two people who have nothing to gain or lose by doing so. A few states require that these forms be notarized (witnessed by a notary public).

In most cases, a living will and durable power of attorney for health care are completed at the same time. You do not need an attorney to complete a durable power of attorney for health care. However, legal advice is helpful if your state's laws are unclear, your health history is complex, or there is conflict within your family.

A federal law called the Patient Self-Determination Act requires hospitals and nursing homes that receive Medicaid and Medicare funds to inform you that you have the right to fill out an advance directive. Many hospitals and nursing homes can give you forms that meet your state requirements.

Make sure that the person you choose to be your health care agent understands and respects your wishes about medical treatment. Just as in a living will, you may specify in the durable power of attorney for health care document how you would like such decisions to be made.

To obtain copies of the forms for your state and instructions for completing the forms, contact Last Acts Partnership (http://www.partnershipforcaring.org or 1-800-989-WILL [9455]).

You must have the mental capacity to complete a durable power of attorney for health care. If you, your spouse, or another family member has a progressive brain disorder, such as Alzheimer's disease, that is still in the early stages, consider drawing up this document as early as possible to avoid later difficulties when judgment may become impaired.