What Three Decisions Cannot Be Made by a Medical (Healthcare) Power of Attorney? 

A Medical (Healthcare) Power of Attorney (MHPOA) cannot (1) override your written advance directives, such as a living will; (2) make non-medical decisions, such as financial or legal affairs; and (3) alter your personal healthcare choices that are explicitly stated in your prior directives. These restrictions ensure that your most personal and critical healthcare decisions remain solely your own.

Imagine facing a medical crisis where you are no longer able to speak for yourself. You have taken the important step of designating a Medical POA so that a trusted agent can make healthcare decisions on your behalf. However, while this document empowers your agent with significant authority regarding treatment choices, there are key decisions that they simply cannot make. 

Research shows that many patients and families misunderstand the boundaries of a Medical POA, which can lead to unwanted treatments or legal disputes. In this guide, we will discuss the three crucial decisions that a Medical POA cannot make, helping you ensure that your healthcare directives truly reflect your personal wishes.

The Three Key Decisions a Medical POA Cannot Make

1. Overriding Your Written Advance Directives

A Medical POA cannot be used to override your advance directives—such as a Living Will or Healthcare Directive—that clearly state your treatment preferences in certain medical scenarios.

• What It Means:
  If you have specified in writing that you do not want life-sustaining measures like mechanical ventilation or resuscitation, your agent is legally bound to honor those wishes.
  
• Why It Matters:
  This protection ensures that your expressed desires about end-of-life care and other critical treatments are not changed by someone else, even if circumstances prompt your agent to consider alternate approaches.

2. Making Non-Medical Decisions

The authority granted by a Medical POA is strictly limited to healthcare decisions and does not extend to managing your financial, legal, or other personal affairs.

• What It Means:
  Your agent cannot use a Medical POA to access your bank accounts, pay bills, or handle legal transactions. These responsibilities require a separate Financial or General POA.
  
• Why It Matters:
  Limiting the scope of a Medical POA protects your overall estate planning and ensures that your non-medical interests are managed by the appropriate legal instruments.

3. Altering Your Personal Healthcare Preferences

A Medical POA does not allow your agent to change the personal healthcare choices you’ve made if you’re unable to express them.

• What It Means:
  Your agent must adhere to any instructions you have provided regarding treatments, medications, and healthcare interventions. They cannot unilaterally decide to pursue experimental treatments or alter existing plans.
  
• Why It Matters:
  This ensures that even in emergencies, your personal values and treatment preferences are preserved exactly as you intended, without external modification.

Related article for you:
What Is the Difference Between a Power of Attorney and a Durable Power of Attorney?

Why These Limitations Exist

These restrictions are in place to protect your fundamental rights and preserve your autonomy in healthcare.

• Advance Directives as the Ultimate Voice:
  Advance directives (such as a Living Will) serve as your final word regarding medical treatment. Allowing your agent to override these written instructions could lead to outcomes that contradict your personal values.
  
• Separation of Domains:
  By restricting a Medical POA to healthcare decisions, the law ensures that the management of your financial, legal, and personal affairs remains handled by other designated instruments.
  
• Clarity and Consistency:
  These limitations create a clear boundary, ensuring that your healthcare choices remain consistent even during crises, thereby reducing the risk of familial disputes or unauthorized decisions.

FAQs

Can a Medical POA override my living will?

No, if you have a living will or other advance directives, they take precedence over the decisions made by your agent under a Medical POA.

Are there any circumstances where a Medical POA can make non-healthcare decisions?

No, by design, a Medical POA is limited solely to healthcare decision-making. Financial and legal matters must be handled by a separate POA.

What happens if my agent tries to change my treatment preferences?

Your agent is legally bound to follow your documented wishes in advance directives. If they act outside those bounds, they could face legal consequences.

Can I revoke a Medical POA?

Yes, as long as you are mentally competent, you can revoke your Medical POA at any time by providing written notice to your agent and informing your healthcare providers.

Additional Resources

• American Bar Association: Offers detailed guides on advance directives and Medical POAs.
  
• State Government Websites: Many states, including California and Florida, provide downloadable forms and instructions for Medical POAs.
  
• Local Legal Clinics: Contact your local bar association for workshops or free consultations on advance healthcare planning.
  

For more insights into choosing the right POA for your needs, check out our guide What Are the Types of Power of Attorney? How to Pick the Right Type.

Final Tips for a Successful Medical POA

• Pair with a Living Will:
  Combine your Medical POA with a Living Will to provide full guidance on end-of-life care.
• Choose a Reliable Agent:
  Select someone who understands your values and is capable of communicating effectively with healthcare providers.
• Regular Reviews:
  Update your Medical POA periodically—especially after significant health or life changes.
• Be Specific:
  Clearly define your healthcare preferences and treatment limitations to avoid ambiguity in critical situations.

Conclusion

A Medical (Healthcare) Power of Attorney is an essential component of your advance healthcare planning, providing a way for you to ensure that your treatment preferences are honored when you are unable to voice them yourself. However, it’s important to recognize its limitations: a Medical POA cannot override your advance directives, cannot make non-medical decisions, and cannot change your personal healthcare preferences. 

By understanding these constraints and drafting your document with clear, state-compliant language, you can secure your healthcare interests and protect your autonomy during medical emergencies.

Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance tailored to your specific circumstances.