Questions & Answers: Advance Directives and End of Life Decisions
What is a medical power of attorney?
A medical power of attorney is a document that lets you appoint someone you
trust to make decisions about your medical care if you cannot make them
This type of advance directive can also be called a "healthcare
proxy," "appointment of a healthcare agent," or "durable power
of attorney for healthcare." The person you appoint may be called your
healthcare agent, surrogate, attorney-in-fact, or healthcare proxy. The person
you appoint through a medical power of attorney usually is authorized to deal
with all medical situations, not only end-of-life decisions when you cannot
speak for yourself. Thus, he or she can speak for you if you become temporarily
incapacitated-after an accident, for example-as well as if you become
incapacitated because of irreversible disease or injury.
The Martha Stewart Show often takes a personal turn -- but never
quite so personal as on December 17, 2007. That day, Stewart said farewell to
one of her show's most beloved recurring characters, her own mother, "Big
Martha Kostyra, who passed away on Nov. 16 at the age of 93 after suffering
earlier in the month, had appeared on more than 40 episodes, preparing her
famous pierogi, cheesecake, and meat loaf recipes, learning how to use a
computer, and demonstrating her...
Generally, the law requires your agent to make the same medical decisions
that you would have made, if possible. To help your agent do this, it is
essential that you discuss your values about the quality of life that is
important to you and the kinds of decisions you would make in various
situations. For example, how aggressively would you want medical treatments
supplied if you had Alzheimer's disease or if you were in a coma and unlikely
to recover? Share your thoughts concerning someone you have known who was very
ill and how you would want to be treated if you were in a similar situation.
These discussions will help your agent to form a picture of your views
regarding the use of medical treatments.
If this discussion does not take place, your agent will have to examine any
general statements you might have made, your religious and moral beliefs, and
what he or she knows about your values in general. When your wishes about a
particular medical decision are not known your agent must act in your best
interest, using his or her own judgment depending on your state's law.
Some states let you appoint an agent within the living will. This is
different from a medical power of attorney, because an agent appointed in a
living will can only make decisions about using medical treatments, and only if
you are in one of the medical conditions specified in your state's law (such as
"terminally ill," "permanently unconscious," or "imminently
WebMD Medical Reference from the National Hospice and Palliative Care Organization