What is a Medical Power of Attorney?
A Medical Power of Attorney is a legal document that allows you to appoint someone else, known as an agent, to make healthcare decisions for you if you become unable to make them yourself. This includes decisions about medical treatments, surgical procedures, artificial nutrition and hydration, and even end-of-life care.
Who can be appointed as an agent in Indiana?
In Indiana, anyone you trust who is 18 years of age or older can be appointed as your agent. This can be a family member, a friend, or any other person you choose. It's important to select someone who understands your healthcare wishes and is willing to advocate on your behalf.
How can I create a Medical Power of Attorney in Indiana?
To create a Medical Power of Attorney in Indiana, you must complete the required form and sign it in front of a notary public. The form must clearly state who you are appointing as your agent and what powers they will have. It's also recommended to discuss your healthcare wishes with your agent in advance.
Is a Medical Power of Attorney the same as a Living Will?
No, a Medical Power of Attorney is not the same as a Living Will. A Living Will is a document that specifies your wishes regarding life-sustaining treatment if you are terminally ill or permanently unconscious. A Medical Power of Attorney, on the other hand, appoints someone to make healthcare decisions on your behalf under a broader range of circumstances.
Can I change my mind after creating a Medical Power of Attorney?
Yes, you can revoke or change your Medical Power of Attorney at any time as long as you are mentally competent. To do so, you should inform your agent and any healthcare providers in writing. Then, create and properly execute a new document if you wish to appoint a different agent.
What happens if I don't have a Medical Power of Attorney?
If you become incapacitated without a Medical Power of Attorney in place, healthcare decisions will need to be made by a court-appointed guardian or a close family member, according to Indiana law. This process can be lengthy, expensive, and stressful for your loved ones, and the appointed decision-maker might not be aware of your preferred treatment options.
Does my agent have to follow my wishes exactly as I have outlined them?
Yes, your agent is legally obligated to follow your treatment preferences as you have communicated them, either verbally or in writing. If your exact wishes in a specific situation are not known, your agent should make decisions based on what they believe to be in your best interest, considering your values and beliefs.
How long is a Medical Power of Attorney valid in Indiana?
A Medical Power of Attorney remains valid indefinitely in Indiana unless you specify an expiration date in the document. It will also end if you revoke it, or when you die. However, the power to make decisions after your death is limited to anatomical gifts and autopsy decisions unless otherwise specified.
Do I need a lawyer to create a Medical Power of Attorney in Indiana?
While you are not required to have a lawyer to create a Medical Power of Attorney in Indiana, consulting with one can be helpful. A lawyer can ensure that the document meets all legal requirements, reflects your wishes accurately, and provides your agent with the necessary authority to make decisions on your behalf.