What is a Medical Power of Attorney?
A Medical Power of Attorney (MPOA) is a legal document that allows an individual, known as the principal, to appoint another person, called the agent or healthcare proxy, to make healthcare decisions on their behalf if they become unable to do so themselves. This is particularly important for individuals diagnosed with
cancer as their condition may progress to a point where they are unable to communicate their wishes.
Why is it Important for Cancer Patients?
Cancer patients may face complex and critical treatment decisions that can significantly impact their quality of life and prognosis. Having an MPOA ensures that a trusted person can make informed decisions based on the patient's preferences and values. This helps to alleviate the emotional burden on family members and ensures that medical
decisions are in line with the patient's desires.
Who Should Be Chosen as an Agent?
The chosen agent should be someone who understands the patient's values and wishes regarding
medical care. This person should be trustworthy, willing to act on the patient's behalf, and capable of making difficult decisions under pressure. It's often a close family member or friend who has discussed the patient’s wishes in detail.
Choosing healthcare providers
Approving or refusing treatments
Making decisions about
palliative care and
hospice care
Accessing medical records
Deciding on the use of life-sustaining measures
The specific powers granted to the agent can be customized in the MPOA document.
Discussing wishes and values with the chosen agent
Consulting a legal professional to draft the document
Ensuring the document complies with state laws
Signing the document in the presence of witnesses or a notary, as required
Distributing copies to the agent, healthcare providers, and close family members
What Are the Legal Considerations?
The legal requirements for an MPOA can vary by state, so it’s crucial to ensure that the document complies with local laws. Some states may require specific language or additional documents, such as a living will. Consulting with a healthcare attorney can provide clarity and ensure that all legal bases are covered.
Can the MPOA Be Revoked or Changed?
Yes, the principal can revoke or change the MPOA at any time as long as they are mentally competent. This can be done by creating a new MPOA or by providing written notice of the revocation to the agent and healthcare providers.
What if There Is No MPOA?
If a cancer patient does not have an MPOA and becomes incapacitated, medical decisions will typically be made by family members or healthcare providers, which can lead to conflicts and decisions that may not align with the patient's wishes. In some cases, a court-appointed guardian may be necessary, which can be a lengthy and stressful process.
Conclusion
A Medical Power of Attorney is a critical component of
advanced care planning for cancer patients. It ensures that decisions are made in accordance with the patient’s wishes and provides peace of mind for both the patient and their loved ones. By taking the time to establish an MPOA, cancer patients can ensure that their healthcare needs will be met with dignity and respect, regardless of their ability to communicate their decisions.
