2022 Article written by: Anastasia Climan
Medically reviewed by: Evelyn O. Berman, M.D.
Being diagnosed with multiple sclerosis (MS) is a life-changing event that can alter the way you think about your future. Dealing with MS symptoms can put life into perspective and bring up issues that you may not have thought about, including how you want to be cared for if you have significant cognitive impairment or a drastic worsening of your medical condition.
Several members of MyMSTeam have struggled with advance care planning, such as creating a will or filling out advance directives. But planning for the future ensures that your wishes are fulfilled and gives your loved ones guidance in the face of medical emergencies or challenges.
One member commented, “I spent about two hours typing up a power of attorney this afternoon and it took so much out of me.”
Another member wrote, “I was wondering how many people here have an advance directive? If you have one, did you do it yourself or get a lawyer for it?”
In response, a third member shared, “I’m still getting used to the thought of it. Still very scary to me.”
The process can bring up difficult emotions, but learning about the purpose of a medical power of attorney (POA) will help you appoint the best person for this important function, even if you don’t end up needing their help.
What Is Medical POA?
A medical POA, sometimes called a durable power of attorney for health care, is a legal document that gives another person the ability to make medical decisions on your behalf if you’re unable to make them yourself. In the United States, laws vary by state for setting up a medical POA. The person you choose may be referred to as your:
- Health care agent
- Health care proxy
- Health care surrogate
- Health care representative
- Health care attorney-in-fact
- Patient advocate
A medical POA agent must follow any predetermined guidelines that you specify. However, they can make significant life decisions, including whether to keep you on life support or discontinue medical treatment.
How Do You Set Up Medical POA?
For most parts of the country, there’s a simplified form you can use to designate your health care agent. This multistate form is valid in every state except Ohio, New Hampshire, Texas, and Wisconsin. Each of those four states has its own mandatory disclosure statement.
You should be able to find medical POA forms on your state government’s website. Most state laws don’t require a notary, but typically two witnesses must be present to certify that you signed the forms. Different states have specific rules on who can serve as a witness, so be sure to read the terms carefully or seek legal counsel to help you.
While selecting a medical POA agent, you may also want to put other legal documents in place for life insurance, financial planning, estate planning, and who will care for your children (if applicable). Ask your MS specialist for a referral to a social worker or lawyer who can help you with the process while you’re still in a sound state of mind. Taking these steps isn’t just important for people with MS but also for any adult who wants to ensure a say in their future quality of life and MS care.
Reasons To Designate Your Own Power of Attorney
You may think that a medical POA takes away your rights, but outlining your preferences with advance directives gives you better control over your medical care. Choosing a trusted person to act as your advocate will help your care team navigate unforeseen circumstances.
If you don’t choose a medical POA agent, one may be chosen for you. The following people are legally authorized to make decisions about your health care (in the order listed) if you’re incapacitated:
- Any guardians or conservators previously appointed by a court
- A legal spouse or domestic partner
- An adult child
- An adult sibling
- A caregiver (who is not your health care professional)
- A close friend or nearby relative