As the name implies it is a power of attorney that is limited to medical decisions made on another's behalf. This medical power of attorney is designed to allow you to determine who will make your medical decisions rather than allowing state law and the courts to make that decision.

The need for a medical power of attorney arises if you are temporarily or permanently unable to make decisions about your health and medical care. This medical power of attorney permits your agent to give approval for a wide range of medical procedures, such as surgical procedures, physical examinations, administration of medications and anesthesia, to name only a few of the powers granted.

This medical power of attorney is different from the living declaration (ie living will) discussed in a previous posting. The Living Declaration is effective only when a person is in a "terminal and irreversible" condition certified by two (2) physicians and when his/her death will occur whether or not life-sustaining procedures are utilized. A Special Limited Medical Power of Attorney can be utilized at any point in a person's life and is not limited to end of life issues. This medical power of attorney assumes that a person's own right to consent to or decline medical treatment may be delegated to another if this delegation is done while the principal is competent.

It is significant to understand that when you regain competency and are able to make your own decisions, the Special Limited Medical Power of Attorney will no longer apply, until and unless you become incompetent again.

The primary practice at Melchers Law Firm focuses on estates, wills, trusts, successions, business law and personal injury. (Plaintiff representation)

Contact us for more information at 504-467-1092 or 504-467-1130