Definition of Medical Power of Attorney (MPOA)
A Medical Power of Attorney (MPOA) is a legal document that allows you to appoint a trusted person to make medical decisions on your behalf if you become unable to do so yourself. This can be especially important in situations where you are seriously ill or injured and cannot communicate your wishes.
In Alabama, MPOAs are governed by the Alabama Medical Durable Power of Attorney Act. This act sets out the requirements for creating a valid MPOA, including the following:
- You must be 19 years of age or older.
- You must be of sound mind.
- The MPOA must be in writing.
- The MPOA must be signed by you and two witnesses.
Types of MPOAs
There are two main types of MPOAs:
- General MPOAs give your agent broad authority to make any medical decisions on your behalf.
- Specific MPOAs give your agent authority to make only specific medical decisions, such as those related to a particular illness or treatment.
Establishing an MPOA
Creating a Medical Power of Attorney (MPOA) in Alabama involves following specific legal procedures and requirements.
The MPOA document must be in writing and signed by the principal (the person granting the power) in the presence of two witnesses. It must also be notarized by a notary public.
Choosing an Agent
The agent you choose should be someone you trust to make medical decisions on your behalf. They should be familiar with your values and wishes regarding your health care.
- The agent can be a family member, friend, or healthcare professional.
- It’s important to discuss your healthcare preferences with your agent so they can make informed decisions on your behalf.
Powers and Limitations of an MPOA
An agent appointed under an MPOA has the authority to make a wide range of medical decisions on behalf of the principal. These decisions may include:
- Consenting to or refusing medical treatment
- Selecting and discharging healthcare providers
- Accessing and reviewing the principal’s medical records
- Making decisions about the principal’s end-of-life care
However, there are certain limitations or restrictions on the agent’s authority. For example, the agent cannot make decisions that are contrary to the principal’s wishes, as expressed in the MPOA or through other means.
Fiduciary Duty
The agent has a fiduciary duty to act in the best interests of the principal. This means that the agent must make decisions that are in line with the principal’s values, beliefs, and goals. The agent must also avoid any conflicts of interest that could compromise their ability to act in the principal’s best interests.
Reporting and Accounting
In some cases, the MPOA may require the agent to provide regular reports to the principal or to a third party, such as a family member or attorney. The agent may also be required to provide an accounting of their actions, including any financial transactions made on behalf of the principal.
Duties and Responsibilities of the Agent
The agent designated in a medical power of attorney (MPOA) has significant ethical and legal obligations to fulfill. They must always act in the best interests of the principal, prioritizing their well-being and wishes.
The agent’s responsibilities encompass a wide range of tasks, including:
Communicating with Healthcare Providers
- Establishing and maintaining open communication with the principal’s healthcare team.
- Gathering and sharing relevant medical information to ensure informed decision-making.
- Facilitating discussions between the principal and their healthcare providers.
Making Treatment Decisions
- Consulting with healthcare professionals to understand the principal’s medical condition and treatment options.
- Weighing the benefits and risks of different treatment options, considering the principal’s values and preferences.
- Making treatment decisions that align with the principal’s wishes, to the extent possible.
Other Responsibilities
- Managing the principal’s medical records and financial matters related to healthcare.
- Advocating for the principal’s rights and ensuring their wishes are respected.
- Periodically reviewing the MPOA and updating it as needed to reflect any changes in the principal’s circumstances.
Revoking or Amending an MPOA
Revoking or amending an MPOA in Alabama is a crucial step if you wish to terminate or modify the powers granted to your agent. Here are the procedures and circumstances surrounding the revocation and amendment of an MPOA:
Revoking an MPOA
Revoking an MPOA in Alabama can be done through the following methods:
– Written Revocation: You can create a written statement expressing your intention to revoke the MPOA. This statement should be signed and dated by you and witnessed by two individuals.
– Verbal Revocation: In certain circumstances, you may revoke an MPOA verbally. However, this method is not as reliable as a written revocation.
– Court Order: If you are unable to revoke the MPOA yourself, a court may revoke it upon your request or the request of a concerned party.
Amending an MPOA
To amend an MPOA, you must create a written amendment that specifies the changes you wish to make. The amendment must be signed and dated by you and witnessed by two individuals. The amendment becomes effective upon execution and modifies the original MPOA.
Circumstances for Termination or Modification
An MPOA can be terminated or modified in the following circumstances:
– Incapacity of the Principal: If the principal becomes incapacitated and unable to make decisions for themselves, the MPOA may be terminated or modified by a court.
– Fraud or Abuse: If the agent has committed fraud or abused their powers, the MPOA may be terminated or modified by a court.
– Change in Circumstances: If there has been a significant change in circumstances, such as the principal’s health or financial situation, the MPOA may be modified by a court to reflect these changes.
Legal Considerations and Case Law
Understanding the legal framework and relevant case law is crucial for MPOAs in Alabama. These laws and precedents provide guidance on the validity, interpretation, and enforcement of MPOAs.
The primary Alabama statute governing MPOAs is the Alabama Durable Power of Attorney for Health Care Act, found in Code of Alabama § 22-8A-1 to 22-8A-10. This act establishes the legal framework for creating, executing, and revoking MPOAs in the state.
Relevant Case Precedents
- Ex parte Farrell (1993): This case clarified the scope of an agent’s authority under an MPOA, emphasizing the importance of following the principal’s wishes.
- In re Estate of Johnson (2004): This case addressed the issue of an agent’s duty to act in the principal’s best interests, even when those interests conflict with the agent’s personal beliefs.
Legal Controversies and Complexities
MPOAs can raise complex legal issues, including:
- Conflicting instructions: If the principal provides conflicting instructions in the MPOA or to the agent, it can create uncertainty and potential legal disputes.
- Abuse of authority: Agents have a fiduciary duty to act in the principal’s best interests. However, there have been cases of agents abusing their authority or acting in their own self-interest.
- Capacity issues: Determining the principal’s capacity to create or revoke an MPOA can be a complex legal issue, especially in cases involving cognitive decline.
Forms and Resources
Access official MPOA forms and resources to ensure your document is legally valid and meets the requirements set by Alabama law.
