A medical power of attorney and living will assure that you get the required medical treatment if you are unable communicate the medical treatment decisions.
What is Medical POA?
It is also known as healthcare POA or durable power of attorney and is a legal document which authorizes someone whom you trust. The person to whom you give the authority is called the agent, and he will take the medical decisions on your behalf. However, the agent can exercise the authority only when it is decided by the doctor that you are incapable of making decisions or you can’t communicate the wishes due to medical condition or if you are in a coma. Free New Jersey power of attorney form is available at legal forms site. Fill the online, and medical POA can be created.
How Is It Different From Living Will?
Health directive or living will express your wishes about medical treatment in specific conditions. As compared to the healthcare power of attorney, it is minimal. A living will doesn’t appoint anyone to make decisions for you and applies only if you are in a severe condition or a permanent unconscious condition. Few states also permit a living will. It becomes effective when the burden of treatment outweighs the benefits. So, if you are temporarily incapacitated or are expected to recover from the illness or injury, a living will is not going to be helpful. It should not be used to make decisions about treatment for you. In such situations, the medical power of attorney is going to be useful.
Living Will and Medical Power of Attorney can’t be created as a part of the same document. They should be created separately, and separate forms will be needed to create them.
Choosing the Agent for POA
Any person you are going to select for becoming an agent must be a mentally competent adult. In most states, the law says that the healthcare provider can’t serve as an agent. It should not be a family member either.
An agent is a person whom you trust to carry out your wishes and to act in the best interest. You should also ensure that the agent understands your wishes for the treatment you want or don’t want to receive when you are seriously ill or injured. He must work according to your wishes too. You can communicate your wishes with the help of a living will, or discuss it with your agent and create a POA or both.
You will want to be sure that your agent will follow your wishes even if they are not in agreement with your choices. For instance, you wish that all the treatment is withheld if you are in a terminal condition. To ensure it happens, you may not want to select an agent with strong religious beliefs. His belief that life should be preserved at all cost may not be needed.
The agent should be willing to accept responsibility. A few are better suited than others to make a difficult decision to stop life support and let grantor die. Many POA writers make the mistake of appointing a spouse or adult child as their agent. However, will the spouse or child make such traumatic decisions?
Having Additional Agents
Although you can have more than one agent, it is not a good idea. There can be problems when the agents can’t agree. If you want more than one person, choose one as an agent and other as an alternate.
Finally, Creating the Will
Free New Jersey power of attorney form can be obtained from legal forms site. Fill the form and sign it to become valid.