When a loved one is hospitalized, a medical power of attorney, also known as a healthcare proxy, is a vital legal document. It appoints a trusted person to make medical decisions if the patient cannot. Ideally, it outlines the patient's wishes for hospital care. However, many Americans have not assigned a healthcare proxy, leading to family conflicts. David Watson, an estate planning attorney in Mequon, Wisconsin, notes that without a proxy, decisions often fall into a gray area where multiple family members feel entitled to weigh in. He has seen estranged relatives insisting on aggressive treatment against the patient's wishes, creating stress and delay.
The Biggest Mistake: No Healthcare Proxy at All
Eido Walny, founder of Walny Legal Group in Milwaukee, emphasizes that anyone over 18 should have health directives in place. These documents guide care in emergencies, regardless of age. Beyond not having one, estate lawyers highlight six common mistakes with medical powers of attorney.
Mistake #1: Invalid Healthcare Proxy Document
Verbal promises or unsigned forms are insufficient. Watson explains that hospitals often refuse to rely on incomplete or improperly witnessed documents, leading to court proceedings. A living will alone does not appoint a decision-maker. To avoid this, have the document drafted by an attorney and correctly executed with unrelated witnesses over 18.
Mistake #2: Assigning the Wrong Person
Alice Choi, an estate planning attorney in New York, warns against choosing agents based on family hierarchy. The chosen person may not share the patient's values. She advises discussing wishes thoroughly to ensure the agent advocates for the patient, not their own beliefs.
Mistake #3: Inaccessible Healthcare Proxy Document
Health directives are useless if not found when needed. Walny recommends disseminating copies to primary physicians, local hospitals, and named agents. Most doctors and hospitals ask for these documents at check-in, so keep them accessible.
Mistake #4: Assuming Medical Power of Attorney Is Enough
A healthcare proxy covers medical decisions but not financial matters like insurance claims. Choi notes that a separate financial power of attorney is necessary for handling insurance and Social Security issues during hospitalization.
Mistake #5: Not Assigning Enough Healthcare Proxies
Choi recommends listing at least three successor agents in case the primary is unreachable. Include their contact information, such as cell phone numbers and email addresses, to ensure quick decision-making.
Mistake #6: Never Updating the Healthcare Proxy
Walny compares health directives to rotisserie ovens—they are not set-and-forget. He suggests updating every five years to reflect current wishes, agent availability, and legal changes. Regular updates prevent outdated instructions.
Having a clear medical power of attorney is crucial. Choi notes that younger people often lack one, leading to costly court appointments. Walny shares a personal story: his 19-year-old son suffered a traumatic brain injury, and his healthcare proxy allowed his mother to make decisions, saving time, money, and contributing to his recovery.
