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Healthcare proxy.... Power of attorney....whats the difference?

  • Writer: Christine Pezzello
    Christine Pezzello
  • Jul 6, 2023
  • 2 min read

A healthcare proxy and a power of attorney are both legal documents that grant someone the authority to make decisions on your behalf, but they serve different purposes and apply to different areas of your life.

Healthcare Proxy (Healthcare Power of Attorney): A healthcare proxy, also known as a healthcare power of attorney or medical power of attorney, specifically pertains to medical and healthcare-related decisions. This document designates a person (referred to as the healthcare agent or proxy) to make medical decisions for you if you become incapacitated and are unable to communicate your wishes. The healthcare proxy comes into effect when a medical professional determines that you lack the capacity to make your own medical decisions.

The healthcare proxy's responsibilities include making decisions about medical treatments, procedures, surgeries, medications, and other healthcare matters based on your known wishes or, in the absence of specific instructions, what they believe is in your best interest. This document is crucial for ensuring that your medical preferences are respected even when you cannot express them yourself.

Power of Attorney (Financial Power of Attorney): A power of attorney (POA) is a legal document that grants someone the authority to manage your financial and legal affairs. This person, known as the agent or attorney-in-fact, can act on your behalf in matters such as managing bank accounts, paying bills, signing contracts, selling or buying property, and handling other financial transactions. The power of attorney can take effect immediately upon signing (known as a "durable" or "immediate" power of attorney) or can become effective only if you become incapacitated (known as a "springing" power of attorney).

Unlike a healthcare proxy, which is focused solely on medical decisions, a power of attorney covers a broader range of legal and financial matters. This document is particularly important for situations where you might be unable to handle financial affairs due to illness, injury, or other circumstances.

In summary, while both a healthcare proxy and a power of attorney involve granting decision-making authority to someone you trust, they serve distinct purposes: a healthcare proxy is for medical decisions, and a power of attorney is for legal and financial matters. It's important to have both documents in place as part of your comprehensive estate and healthcare planning to ensure that your interests are protected across various aspects of your life.

 
 
 

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