The idea of being ill and unable to handle your affairs is a fear for many older people. You want to know that people will follow your wishes concerning financial and medical matters. That’s why establishing a healthcare proxy or power of attorney (POA) can be valuable. However, it can be unclear how these documents work and what they cover. This post examines healthcare proxy vs. power of attorney so seniors can better navigate these matters.
The Basics of Healthcare Proxy vs Power of Attorney
With a healthcare proxy, you designate a person to make medical decisions when you can’t. Depending on where you live, the state might call it a healthcare surrogacy or a healthcare agent. The proxy’s authority activates once a doctor or court ruling determines incapacity. The proxy may make healthcare decisions and access medical records in this role.
A power of attorney grants another person authority to act on your behalf in various capacities. Depending on the document, it could cover financial, legal, and business matters. There are also healthcare POAs that can grant authority over medical decisions. POAs can also be general or limited. General POAs grant broad authority over a person’s legal and financial life. Limited POAs are narrower and may focus on specific issues. If incapacity is the concern, you’ll need a durable power of attorney to ensure it remains in effect.
Scope of Powers
The scope of authority for these documents varies significantly. A healthcare proxy’s power is strictly limited to medical decisions. The document may even outline additional restrictions on the proxy’s decision-making power. A power of attorney’s authority can be exceptionally broad. It depends on the type of POA and the powers you outline in the document, as mentioned above.
When They’re Active
Power of attorney and healthcare proxy may also go into effect under different circumstances. A healthcare proxy’s authority only begins when a doctor determines the individual is incapacitated. Power of attorney could be immediate or triggered under events the document outlines. For example, a POA could trigger upon a medical determination of incapacity, like a healthcare surrogacy.
Legal Requirements
A healthcare proxy and POA have different legal requirements, but both require witnesses to the signing. The requirements for the number of witnesses and who can serve as a witness may vary by state. Some states also require a notary for these documents. For example, Florida requires notarization for POAs, but you only need witnesses for a healthcare surrogacy. There may also be differing language and wording requirements depending on the state.
Seniors should consider having both a healthcare proxy and a POA. With both, you can ensure broader protection in the event of incapacity. However, these are complex matters, and laws differ by state, so you should consult an attorney.
Do you need help with incapacity planning? The team from the Scott Law Offices is ready to help. We can advise on healthcare surrogacy, power of attorney, and other legal matters. Reach out now to learn more.
