Medical Power of Attorney Law

Medical Power of Attorney Legal Issues

Medical Power of Attorney Law:

A Medical Power of Attorney allows an appointed representative to perform specified duties in standing for the main client. Medical Power of attorney is a type of Limited Power of Attorney. An Advance Health Care Directive (AHCD) is a common type of Medical Power of Attorney. Medical Power of Attorney is used to transfer legal decision making for ones medical treatment to a representative, who presumably understands the wishes and desires of the original party.

Medical Power of Attorney is used in siltation where the client medically facing an illness which will hinder mental capacity. Medical Power of Attorney is also used on a short term basis for clients facing major surgeries or procedures.

Medical Power of Attorney Legal Issues:

There are two dominant legal considerations for a Medical Power of Attorney:

The first is deciding the range of the agents abilities. Since the scope of a Medical Power of Attorney is narrow, it is essential that the limitations are as precise as possible.

Ambiguous or unclear content can widen or restrict a representative’s abilities thwarting the main clients’ intentions.

The second is selecting the representative or Attorney-in-Fact. The representative or Attorney-in-Fact can be a family member, medical professional or trusted friend. The representative is a fiduciary for the individual. Because of the entrusted relationship the law requires the representative to act in the best interest and make every effort to adhere to original wishes of the client.

In a situation where the representative is not performing their duties, legal action is essential to revoke the Medical Power of Attorney.

How a Lawyer can assist with a Medical Power of Attorney:

The preparation of a Medical Power of Attorney documents is essential in determining how a clients interests are carried out in the duties that has been delegated. Any errors in the creation of a Medical Power of Attorney can result in actions taken that client does not desire. A poorly drafted Medical Power of Attorney can create confusion in regard to the client’s wishes in certain medial scenarios.

The person drafting a Medical Power of Attorney is known as the “client.” For the Medical Power of Attorney to be enforceable the client must be mentally capable when the Medical Power of Attorney is created.

Instances which may contain controversial actions increase possibility of contest. If a client wishes to decrease the likelihood of contest a lawyer can assist in the creation of a medical power of attorney which addresses any capacity issues.

An experienced attorney can assist you in creating or changing a Medical Power of Attorney, which includes a complete and comprehensive scope of duties and can help you select the proper representative(s).

>There are times when a Medical Power of Attorney is established for a family member that is fraudulent based on malice, manipulation, fraud or Testamentary Capacity issues. A lawyer can assist in voiding the Power of Attorney or legally contesting the action.

With regard to Medical Power of Attorney, some actions the representative must approve can prolog or terminate medical treatment. It is very important that not only a Medical Power of Attorney be well constructed, but desires of the client are clearly stated.

Medical Power of Attorney Lawyer Referral Service:

To find an experienced Medical Power of Attorney Lawyer, contact Attorney Search Network. We can help you find a local and experienced lawyer who will help your case.

If you have any questions about the information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out out online form for your Wills and Estate Planning lawyer referral.