A medical power of attorney, sometimes known as a Durable Medical Power of Attorney or a Power of Attorney for Health Care is a legal document which appoints an “agent” to make decisions on medical treatment in the event you are unable to speak for yourself. Unlike the living will, the medical power of attorney is not limited to terminal illness or persistent vegetative state situations. The agent is authorized to make any medical decision with certain limitations.
Nothing in the medical power of attorney permits the agent to direct your medical treatment while you are mentally capable of doing so.
The medical power of attorney is called “durable” because it contains language directing its authority to remain effective in the event you become legally or medically incompetent. They can be as simple or as sophisticated as you and your attorney wish to make them, but at minimum it must appoint an adult (defined in Colorado as a person 18 years of age or older), as your agent.
It is advisable to include an alternate agent in the event your primary agent is deceased, unwilling or unable to make medical decisions for you. Appointing co-agents (two or more people) who must act together is discouraged by medical professionals who prefer to have one person with authority to act.
A properly written medical power of attorney should include language satisfying the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which includes identifying your agent as your “personal representative,” the HIPAA term for an agent. HIPPA is intended to ensure the privacy of medical information and ensures you have access to medical information being kept about you. By including this language, your agent can discuss your medical issues with medical professionals, make medical decisions when you are unable to do so, and can do such things as pick up medications for you at a pharmacy.