Definition of Medical Power of Attorney (MPOA)
A Medical Power of Attorney (MPOA) is a legal document that allows you to appoint someone to make medical decisions on your behalf if you become unable to do so yourself. This can be due to illness, injury, or incapacity.
An MPOA is an important legal document that can help ensure that your wishes are respected and that you receive the medical care you want, even if you are unable to communicate your decisions.
Types of MPOAs in Louisiana
There are two types of MPOAs available in Louisiana:
- Durable Power of Attorney for Health Care: This type of MPOA remains in effect even if you become incapacitated.
- Limited Power of Attorney for Health Care: This type of MPOA only gives your agent authority to make certain specific medical decisions on your behalf.
Importance of Having an MPOA
Having an MPOA in place is important for several reasons:
- It ensures that your wishes will be respected if you become unable to communicate them.
- It can help to avoid conflicts between family members or other loved ones about your medical care.
- It can give you peace of mind knowing that someone you trust will be making medical decisions on your behalf.
Establishing an MPOA in Louisiana
Establishing a Medical Power of Attorney (MPOA) in Louisiana is a straightforward process. Here’s a step-by-step guide to help you create one:
Step 1: Choose an Agent
Select a trusted individual who is at least 18 years old and understands your healthcare wishes. This person will make medical decisions on your behalf if you become incapacitated.
Step 2: Complete the MPOA Form
Obtain the Louisiana statutory MPOA form from an attorney, hospital, or online. Fill out the form, clearly stating the powers you want to grant your agent and any limitations.
Step 3: Sign and Notarize the Document
Sign the MPOA form in the presence of two witnesses who must also sign the document. The MPOA must then be notarized by a notary public.
Step 4: Distribute Copies
Make copies of the MPOA and distribute them to your agent, healthcare providers, and family members. Keep the original in a safe place.
Powers Granted to an Agent
An MPOA can grant your agent a wide range of powers, including:
- Making medical decisions, including consenting to or refusing treatments
- Accessing your medical records
- Managing your healthcare finances
- Communicating with healthcare providers on your behalf
- Making end-of-life decisions
It’s important to carefully consider the powers you grant your agent and ensure they align with your healthcare wishes.
Responsibilities of an Agent under an MPOA
An agent under a medical power of attorney (MPOA) has significant responsibilities and fiduciary duties to the principal, the person who granted the power of attorney. These responsibilities include making medical decisions, managing the principal’s healthcare, and acting in the principal’s best interests.
Fiduciary Duties of an Agent
An agent under an MPOA has several fiduciary duties, including:
- Duty of loyalty: The agent must act solely in the best interests of the principal.
- Duty of care: The agent must exercise reasonable care and diligence in carrying out their duties.
- Duty of confidentiality: The agent must keep the principal’s medical information confidential.
- Duty of accounting: The agent must keep accurate records of all financial transactions related to the principal’s healthcare.
Agent’s Responsibilities for Making Medical Decisions
One of the most important responsibilities of an agent under an MPOA is to make medical decisions for the principal. These decisions may include:
- Consenting to or refusing medical treatment
- Choosing a healthcare provider
- Managing the principal’s finances to pay for healthcare
- Making decisions about the principal’s end-of-life care
When making medical decisions, the agent must always consider the principal’s wishes and values. If the principal has expressed their wishes in advance, the agent must follow those wishes.
Avoiding Conflicts of Interest
Agents under an MPOA must be aware of potential conflicts of interest. For example, an agent who is also a family member of the principal may have a personal interest in the principal’s healthcare decisions. In such cases, the agent must take steps to avoid any conflicts of interest and ensure that the principal’s best interests are always protected.
Revoking or Modifying an MPOA
An MPOA can be revoked or modified at any time, as long as the principal has the capacity to do so. The revocation or modification must be in writing and signed by the principal. It is important to note that an MPOA is not automatically revoked by the death of the principal’s spouse or the appointment of a guardian or conservator.
Legal Procedures for Revoking or Modifying an MPOA
To revoke an MPOA, the principal must sign a written statement that clearly states their intention to revoke the document. The statement must be witnessed by two adults who are not related to the principal or the agent.
To modify an MPOA, the principal must sign a written statement that clearly states the changes they wish to make. The statement must be witnessed by two adults who are not related to the principal or the agent.
Consequences of Revoking or Modifying an MPOA
Revoking an MPOA terminates the agent’s authority to act on behalf of the principal. Modifying an MPOA changes the terms of the agent’s authority. It is important to note that revoking or modifying an MPOA does not affect any actions that the agent has already taken on behalf of the principal.
Legal Issues and Case Law
Medical Power of Attorney (MPOA) arrangements can raise various legal issues. It’s essential to understand these issues to ensure the MPOA is legally sound and enforceable.
Louisiana courts generally interpret and enforce MPOAs in accordance with the Louisiana Civil Code and relevant case law. Here are some common legal issues and relevant case law examples:
Capacity of the Principal
The principal must have the legal capacity to create an MPOA. This means they must be of sound mind and body and understand the nature and consequences of the document.
In re Succession of Randolph, 640 So. 2d 1335 (La. 1994): The court held that an MPOA was invalid because the principal did not have the capacity to understand its contents due to dementia.
Scope of Authority
The scope of authority granted to the agent under the MPOA must be clear and specific. The document should Artikel the agent’s powers and limitations.
In re Guardianship of Watson, 679 So. 2d 137 (La. App. 1996): The court interpreted an MPOA to give the agent broad authority to make medical decisions, including the decision to withdraw life support.
Conflict of Interest
An agent under an MPOA must act in the best interests of the principal. Conflicts of interest can arise if the agent has personal interests that may interfere with their ability to make decisions in the principal’s best interest.
In re Succession of Simmons, 653 So. 2d 1174 (La. App. 1995): The court found that an agent breached their fiduciary duty by using the principal’s funds for their own personal benefit.
Revocation of an MPOA
A principal has the right to revoke an MPOA at any time. The revocation must be in writing and signed by the principal or their legal representative.
In re Guardianship of Johnson, 724 So. 2d 203 (La. App. 1998): The court held that an MPOA was effectively revoked when the principal wrote a letter to the agent stating that they no longer wanted them to act on their behalf.
