How to Create a Healthcare Power of Attorney (How To)

How to Create a Healthcare Power of Attorney (Step-by-Step Guide)

Step 1: Understand the Purpose of a Healthcare Power of Attorney

• A Healthcare Power of Attorney (HPOA) is different from a Financial Power of Attorney (FPOA)—it only covers medical decisions, not finances.

• It becomes active only if you are incapacitated (e.g., unconscious, in a coma, or unable to communicate).

• Your healthcare agent can authorize treatments, decline medical interventions, and access your medical records.

• The document ensures your healthcare preferences are honored even if you cannot speak for yourself.

Step 2: Choose the Right Healthcare Agent

• Someone You Trust Completely – A spouse, family member, or close friend who understands your wishes.

• Capable of Making Difficult Decisions – They may need to make life-or-death choices on your behalf.

• Emotionally Strong & Level-Headed – They must advocate for your wishes, even under pressure.

• Available & Accessible – Should be reachable in emergencies and live nearby if possible.

• Struggles with making tough medical choices.

• Has conflicting beliefs about end-of-life care.

• Is a healthcare provider at the facility where you receive care (some states restrict this).

Step 3: Define Your Medical Preferences

• Life-Sustaining Treatment – Do you want ventilators, feeding tubes, or CPR?

• Pain Management & Palliative Care – Should comfort care be prioritized over life-prolonging treatments?

• End-of-Life Care – Would you prefer hospice or aggressive medical interventions?

• Organ & Tissue Donation – Do you want to be an organ donor?

• Religious or Personal Beliefs – Any spiritual or cultural considerations for your care?

Step 4: Obtain & Complete a Healthcare Power of Attorney Form

• Download the correct HPOA form from your state’s government website or get one from a lawyer.

• Fill in your full legal name, address, and date of birth.

• Clearly state your healthcare agent’s name, contact information, and relationship to you.

• Specify any limitations or restrictions on their decision-making power.

• If applicable, note any specific medical facilities or doctors you prefer.

Step 5: Sign & Legalize Your HPOA

• Notarization – A notary public must witness and stamp your signature.

• Two Witnesses – Must be unbiased adults (not your healthcare agent or hospital staff).

• State-Specific Requirements – Some states require both witnesses and notarization.

Step 6: Distribute Copies to Key People

• Your healthcare agent (and backup agent)

• Your primary care doctor and medical specialists

• Your hospital or medical facility (ask them to add it to your patient records)

• Your attorney or estate planner

• Trusted family members (so they know who your agent is)

Step 7: Review & Update Your HPOA Regularly

• Your agent is no longer available (e.g., moves away, passes away, or becomes unable to serve).

• Your medical wishes change (e.g., a new diagnosis or different views on life support).

• You move to a new state (laws may differ, requiring a new HPOA).

• Major life events occur (e.g., marriage, divorce, or a new primary care doctor).

Step 8: Store Your HPOA Safely & Accessibly

• Keep the original in a safe but accessible place (not a locked box that no one can access).

• Give a copy to your doctor to include in your medical file.

• Inform close family members about its existence and location.

• Consider using a state registry if your state offers an Advance Directive database.

Final Thoughts: Take Control of Your Healthcare Decisions Today