Estate Planning FAQs: Who Should You Make Your Power of Attorney?

A medical power of attorney grants someone you trust the authority to make critical healthcare decisions when you can’t speak for yourself. Whether due to illness, injury, or age-related decline, this legal document ensures your medical wishes are respected. However, choosing the right person for this role requires more than just picking someone you love; it demands careful thought and a focus on their abilities.

This decision can impact the care you receive during life’s most vulnerable moments. You need an agent who is reliable, confident under pressure, and ready to advocate for your preferences without hesitation.

What legal rights does a medical power of attorney grant?

A medical power of attorney gives your chosen agent the authority to make healthcare decisions when you can’t. This document can serve as a lifeline and ensure someone you trust takes charge in critical moments. Depending on how it’s set up, the power may activate immediately or only when a doctor declares you incapacitated.

With a durable power of attorney, your agent’s authority begins right away and can remain in place indefinitely, even if you’re already unable to make decisions. On the other hand, a springing power of attorney waits to take effect until you’re legally deemed incapacitated. Both options allow you to limit your agent’s powers so they act within your chosen boundaries.

How does a medical power of attorney differ from a living will?

Many people confuse medical powers of attorney with living wills, but they serve different purposes. A living will outlines your preferences for specific medical treatments in advance, such as life support or resuscitation, while a medical power of attorney designates someone to make healthcare decisions on your behalf. Combining these documents ensures comprehensive coverage of your healthcare wishes.

What are the limitations of a medical power of attorney?

A medical power of attorney doesn’t grant unlimited authority. The agent’s power has clear boundaries to protect your wishes and well-being. Unless explicitly allowed, they can't override advance directives such as do-not-resuscitate (DNR) orders. Comfort care, such as pain management and palliative treatments, must remain in place.

Agents also can’t authorize inpatient psychiatric procedures or transfer their decision-making authority to someone else. Additionally, a medical power of attorney doesn’t cover financial or legal matters; its sole focus is healthcare. After your death, the agent’s authority ends.

What happens if I don’t have a medical power of attorney?

Without a medical power of attorney, your healthcare decisions could fall to a default decision-maker, such as a family member, spouse, or even the court system. This lack of clarity may result in disputes among loved ones or decisions that don't align with your preferences. Creating a medical power of attorney minimizes uncertainty and ensures your healthcare aligns with your values.

Who should I pick as an agent?

Consider these six characteristics when making your choice:

• Proximity matters: Emergencies require quick decisions. Choose someone who lives nearby and can be at the hospital or care center on short notice. Proximity ensures your agent can make informed decisions in person when it matters most.
• Unwavering trustworthiness: This person will make your healthcare decisions. Ask yourself: Do you trust them completely to honor your wishes, even when others might question them?
• Steady assertiveness: Medical decisions often spark emotional debates. Your agent must stay calm, stand firm, and respect your preferences—no matter the opposition.
• A knack for critical thinking: Medical scenarios require understanding complex information and asking the right questions. Pick someone who can decisively evaluate risks, benefits, and options without hesitation.
• Clear communication: Your agent will speak for you. They need to articulate your wishes clearly and confidently to doctors, caregivers, and family members, fostering understanding rather than confusion.
• Willing and ready: The role is demanding. Choose someone who willingly accepts the responsibility and feels confident in their ability to fulfill it. Guilt or pressure leads to uncertainty—find someone fully committed.

What should I discuss with my chosen agent?

Communication is key to ensuring your agent understands your wishes. Discuss the following:

• Your preferences for life-saving interventions, such as CPR or ventilators.
• Your stance on aggressive treatments versus comfort care in terminal situations.
• Any specific religious or cultural considerations affecting your healthcare.

By openly discussing these topics, you empower your agent to make informed decisions confidently.

How to get a power of attorney

Taking control of healthcare decisions can feel overwhelming, but proactive steps ensure your wishes are respected and your needs are met. Here’s how to approach it:

• Consider your medical and financial preferences and convey them while you can do so clearly. Ask about life support, risky treatments, and comfort care.
• Partner with a lawyer experienced in healthcare directives to draft a detailed, legally sound document.
• Clearly outline your preferences to avoid future confusion or disputes.
• Have the document notarized to ensure legal validity.

How often should I update my medical power of attorney?

Estate planning documents, including medical powers of attorney, should be reviewed periodically to ensure they still reflect your wishes. Significant life changes—such as marriage, divorce, a new medical diagnosis, or a change in your relationship with your designated agent—may require updates to keep your document current.

How does Arizona law impact medical powers of attorney?

Arizona has specific laws governing medical powers of attorney. For instance:

• Your document must be signed and either notarized or witnessed by someone who is not your agent or healthcare provider.
• You may register your medical power of attorney with the Arizona Advance Directive Registry, which makes it easier for medical professionals to access your information.

Taking control of your future starts with the right legal guidance

Not sure where to begin with a power of attorney? The experienced Arizona estate planning lawyers at The Law Firm of Brown & Jensen can help. Our skilled legal team knows how to craft estate planning documents, including powers of attorney, living wills, trusts, and more.

With decades of experience, our attorneys offer personalized advice to help you understand your options and create documents that reflect your wishes. We’re here to guide you every step of the way with compassionate, client-focused support.

Whether you’re in Mesa, Tucson, Scottsdale, or any of our other Arizona locations, let us help you create a plan that honors your wishes. Take the first step: Contact us online or call one of our Arizona law offices today to schedule a free consultation.

"I needed assistance in setting up various trusts, doing wills, etc., and Shad helped me every step of the way. He answered all my questions (sometimes two or three times) and was very patient with me. He responds very quickly if I have a question and send him an e-mail not only about the entities I had set up but a financial question not related to my estate." - Brian, ⭐⭐⭐⭐⭐