Does a Medical Power of Attorney need to be notarized, witnessed, or recorded?

How do I get a Medical Power Of Attorney? It’s very simple to give or get the authority you need with a free Healthcare Power of Attorney template from Rocket Lawyer:

Make the document – Just answer a few questions and we will do the rest

Send or share it – Discuss the PoA with your agent(s) or seek legal help

Sign it – Mandatory or not, witnesses and notarization are ideal

This method, in many cases, will be much less expensive than meeting and hiring the average law firm. If necessary, you can prepare this medical PoA on behalf of a family member, and then help that person sign once you’ve drafted it. Please keep in mind that for a PoA form to be legally valid, the principal must be mentally competent at the time of signing. In the event that the principal is already unable to make their own decisions, a conservatorship generally will be required. When dealing with such a scenario, it’s important for you to talk to a lawyer.

What is a Medical Power of Attorney (PoA)?

A Healthcare aka Medical Power of Attorney is a legal document that gives a trusted person or entity the authority to make medical decisions on your behalf, if you are incapacitated or cannot do so on your own.

This person, called an “agent,” will be able to make choices for you such as whether you should be admitted into a care facility, whether you’ll receive experimental treatments, or if your medical providers will be allowed to connect you to machines to keep you alive.

Made for all states, the Medical PoA forms can be completely customized for your particular situation. With this official legal document on hand, your agent can provide confirmation to healthcare providers and other parties that they can legally act in your interest.

When to use a Medical Power of Attorney:

You want to specify your wishes so that it is more likely they will be carried out.

You are facing the possibility of surgery or a hospitalization.

You have declining health.

You have been diagnosed with a terminal condition.

The specifications and restrictions vary by state; however, it is strongly recommended to have your Healthcare aka Medical Power of Attorney acknowledged by a notary public and/or signed by at least one witness to emphasize its authenticity. For the most part, each witness should be an adult of sound mind (meaning sane or rational) and have no interest in your estate. Some states may have one or more of the following restrictions, meaning a witness cannot be:

Related to you by blood or marriage

Entitled to any part of your estate

A beneficiary of your life insurance or other type of payout

Financially benefited by your death

Financially responsible for your medical care

One of your healthcare providers

The agent or backup agent

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