Definition of Medical Power of Attorney in Pennsylvania
A medical power of attorney (MPOA) is a legal document that gives one person (the agent) the authority to make medical decisions for another person (the principal).
This document is often used when the principal is unable to make their own medical decisions due to illness, injury, or disability. The agent can make decisions about the principal’s medical care, including treatment options, end-of-life care, and organ donation.
Situations Where a Medical Power of Attorney is Used
There are many situations where a medical power of attorney can be used, including:
- When the principal is unconscious or otherwise unable to communicate their wishes
- When the principal has a disability that prevents them from making medical decisions
- When the principal is out of the country and unable to make medical decisions for themselves
- When the principal wants to give someone else the authority to make medical decisions for them in the future
Creating a Medical Power of Attorney in Pennsylvania
Creating a medical power of attorney in Pennsylvania is a crucial step in ensuring that your medical wishes are respected if you become unable to make decisions for yourself. Here are the steps involved in creating a valid medical power of attorney in Pennsylvania:
1. Choose a healthcare agent. This is the person who will make medical decisions on your behalf if you are unable to do so.
2. Complete a medical power of attorney form. This form is available online or from an attorney.
3. Sign the form in front of two witnesses.
4. Have the form notarized.
Key Elements of a Medical Power of Attorney in Pennsylvania
The following key elements must be included in a medical power of attorney in Pennsylvania:
| Element | Description |
|---|---|
| Name of healthcare agent | The person you choose to make medical decisions for you |
| Powers granted | The specific medical decisions that your agent is authorized to make |
| Limitations | Any restrictions on your agent’s authority |
| Effective date | The date on which the power of attorney becomes effective |
| Expiration date | The date on which the power of attorney expires |
| Signature | Your signature and the signatures of two witnesses |
| Notarization | The signature of a notary public |
Responsibilities of the Agent under a Medical Power of Attorney in Pennsylvania
An agent appointed under a medical power of attorney has the responsibility to make medical decisions on behalf of the principal when they are unable to do so themselves. These decisions can range from consenting to treatment to refusing life-sustaining measures.
The agent’s primary responsibility is to act in accordance with the principal’s wishes. This means that the agent should make decisions that they believe the principal would make if they were able to do so. If the principal has not expressed their wishes in writing, the agent should use their best judgment to make decisions that are in the principal’s best interests.
Ethical and Legal Considerations
The agent’s decision-making process should be guided by ethical and legal considerations. The agent should always act in good faith and in the best interests of the principal. They should also respect the principal’s right to make their own decisions, even if they disagree with those decisions.
The agent may be held liable for any decisions they make that are not in the best interests of the principal. This liability can be both civil and criminal.
Revoking a Medical Power of Attorney in Pennsylvania
Revoking a medical power of attorney in Pennsylvania is a simple process that can be done in writing or orally. The principal (the person who created the power of attorney) can revoke the document at any time, even if they are incapacitated.
Methods of Revocation
There are several ways to revoke a medical power of attorney in Pennsylvania:
* In writing: The principal can sign a written statement revoking the power of attorney. The statement must be witnessed by two adults who are not related to the principal or the agent (the person named to make medical decisions).
* Orally: The principal can orally revoke the power of attorney in front of two witnesses. The witnesses must be adults who are not related to the principal or the agent.
* By destroying the document: The principal can destroy the original medical power of attorney document. This will automatically revoke the power of attorney.
Circumstances for Revocation
A medical power of attorney can be revoked for any reason. Some common reasons include:
* The principal changes their mind about who they want to make medical decisions for them.
* The agent becomes incapacitated or is unable to perform their duties.
* The principal and the agent have a falling out.
* The principal no longer needs the medical power of attorney.
