Experts urge Mecklenburg residents to designate medical power of attorney

Gerontologist Sam Cradduck and aging expert Amy O’Rourke advise North Carolina residents to formally appoint a medical power of attorney. The document grants a specific individual the legal authority to make health care decisions on behalf of an incapacitated person. Without this designation, hospitals may lack the authority to act on the wishes of family members.

The scope of decision-making authority under this document is extensive. Cradduck stated that the appointed representative can determine whether a patient undergoes surgery. The representative also decides if the patient enters a skilled facility for rehabilitation after surgery. Additional decisions include placement in assisted living, residence at home, and the selection of caregivers. The document is known by several names, including health care surrogate, health care power of attorney, and health care proxy, but all terms refer to the same legal instrument.

O’Rourke cautioned that married couples should not assume a spouse has automatic decision-making power. A spouse visiting a hospital without a medical power of attorney may be turned away, depending on state rules and laws. O’Rourke emphasized that a family relationship alone does not confer the power to make medical decisions for an incapacitated partner. The appointed person must be able to set personal emotions aside and advocate for the patient’s wishes rather than their own heart’s desire.

The physical presence of the document is critical for its use. Cradduck noted that a hospital is not required to honor a verbal claim of power of attorney without the paper. In a car accident scenario, a doctor may make decisions without knowing the patient’s preferences if the document is unavailable. Copies should be accessible to paramedics and family members. Aging well coach Katherine Ambrose suggested keeping a copy on the refrigerator rather than in a safe deposit box. The document needs to be with the patient or easily found by emergency personnel.

Selecting the right representative requires looking for integrity and the ability to handle pressure. Cradduck compared the choice to picking a designated driver before a social event. The representative should be someone who can stand up to others during a medical crisis. Ambrose observed that long-lost relatives often appear during emergencies and attempt to influence decisions. Patients can help their representatives by communicating wishes to others and recording videos of their instructions. A video may not hold up in court, but it can persuade family members.

Naming a backup person is also recommended in case the primary representative is unavailable. Dr. Rhea Rogers, a board-certified physician, clarified that a medical power of attorney does not remove a patient’s rights as long as they have capacity. O’Rourke pointed to FiveWishes.org as a resource for obtaining the necessary paperwork. She noted that the site covers a wide range of topics and is easy to use. Local charitable organizations may also provide essential documents, and an estate planning attorney can assist in placing all documents in order.

Residents should verify their state’s specific rules regarding notarization. Some states require a notary, while others do not. O’Rourke advised checking state regulations to ensure compliance. Cradduck added that travelers should confirm whether their visiting state has different requirements. Assuming the rules in the home state apply elsewhere can lead to complications during a medical emergency.

The program providing this information is for educational purposes only and does not constitute medical advice. Individuals should consult a licensed physician for personal health problems. In a medical emergency, residents are advised to call 911 or go to the nearest emergency room immediately.