Comparison of Health Care Power of Attorney Approaches

Abstract

The health care power of attorney approach affords a competent adult the ability to plan for future health care decisions.  If the person is no longer capable of making decisions, the power of attorney authorizes the agent to make health care decisions on behalf of the principal.    The power of attorney for health care may also include individual health care instructions.  The enforcement of fundamental obligations between the physician and the agent will need to be considered in light of state health care power of attorney statutes.  To provide health care services under the direction of the power of attorney, the healthcare professional is still required to comply with standards of appropriate practice.  If the patient losses decision making capacity and is no longer able to participate actively, the health care power of attorney becomes effective and the agent assumes responsibility for making decisions for the care of the patient.  The healthcare professional is required to follow statutory provisions prior to prescribing treatment for the patient.   The interpretation of the statutory provisions by physicians, health care facilities, insurers and family may present uncertainty because of a multitude of scenarios, including treatment options, safeguards, prognosis, medical judgment, and impairment of dignity.  Prior research to examine the variances in the provisions associated with health care power of attorney legislation within the United States has been limited. To address this gap in the literature, this paper will examine health care power of attorney legislative trends including the appointment, eligibility, access to health information, disclosure requirements, medical limitations, range of life-sustaining interventions and authority of agents.

Keywords: health care power of attorney, health care agent, health care proxy