Health Care Power of Attorney Information

In a Health Care Power of Attorney you can designate another person (your agent) to make health care decisions on your behalf if you are unable to do so for yourself at some time in the future. There may be times, even if you are not in a terminal condition or permanently unconscious, that you are unable to make and communicate your health care decisions. In these circumstances, an agent can help make decisions for you.

In addition to the designation of an agent, these directives often provide an opportunity to give specific directions similar to those allowed in a Living Will.  However, a Health Care Power of Attorney is different from a Living Will because it is generally broader.  A Living Will covers only end-of-life decision making (like what happens if the principal is in a coma). In contrast, a Health Care Power of Attorney gives the agent the ability to make all health care decisions on the principal’s behalf.

Note that Health Care Power of Attorney documents are “durable” because they continue to be effective even if you become mentally incompetent.

To create a Living Will, Health Care Power of Attorney, or Advance Health Care Directive (which is a combination of both a Living Will and Health Care POA) use the Rocket Lawyer Living Will interview.  The questions you answer will determine which kind of document you need, and will be generated for you automatically.

Laws on this topic may vary from state to state. This content is not meant to provide you with complete information and it is not intended to be legal or tax advice. It is recommended that you consult with your own attorney, accountant or other advisor regarding your specific situation.