Clark County experts urge residents to name a medical power of attorney

Sam Cradduck, a gerontologist, says residents in Clark County should name a specific person to make medical decisions on their behalf. This document, known as a medical power of attorney, allows a designated individual to make choices when a patient cannot speak for themselves. Cradduck explains that this role is distinct from a standard power of attorney, which does not cover health care choices.

The person named in the document holds broad authority over a patient's care. Cradduck notes that this individual can decide whether to proceed with surgery or enter a skilled rehabilitation facility. They can also determine if the patient should move to assisted living or remain at home. Furthermore, the agent can select the caregivers who will provide daily support.

Choosing the right person requires careful thought. Cradduck advises selecting someone who knows the patient's wishes and can set aside personal emotions. The agent must be able to advocate for the patient's specific desires rather than acting on their own heart's desire. This is especially important during life and death decisions. The chosen person should be able to stand firm even when family members disagree.

Amy O'Rourke, an aging expert, warns that marriage does not automatically grant a spouse the right to make medical decisions. She cautions that family relationships alone do not provide the legal power to act for another person. A spouse visiting a hospital without a signed document could be turned away by staff, depending on state laws. O'Rourke emphasizes that residents should not rely on assumptions about spousal rights.

Katherine Ambrose, an aging well coach, compares choosing a medical power of attorney to picking a designated driver before a party. The chosen person needs integrity and the ability to handle pressure. Ambrose notes that distant relatives often appear during medical crises to voice their opinions. The agent must be willing to stand up to these individuals and fight for the patient's documented wishes. Naming a backup person is also recommended in case the primary agent is unavailable.

The physical location of the document matters. Cradduck states that hospitals are not required to honor a verbal claim of authority without the paper in hand. In an emergency, such as a car accident, a doctor may have to make decisions without knowing the patient's preferences if the document is missing. Copies should be easy to find. Ambrose suggests keeping a copy on the refrigerator rather than in a safe deposit box. The document needs to be accessible to paramedics and family members quickly.

Dr. Rhea Rogers, a board-certified physician, clarifies that a medical power of attorney does not remove a patient's rights. As long as the patient has mental capacity, they retain control over their own care. The document only activates when the patient can no longer communicate or make decisions independently.

Residents can obtain the necessary paperwork through several channels. O'Rourke points to FiveWishes.org as an online resource that covers a wide range of topics. She notes that the site is expansive and useful for understanding different scenarios. Local charitable organizations may also provide essential documents. For comprehensive planning, an estate planning attorney can help ensure all legal requirements are met.

State rules vary regarding the need for notarization. O'Rourke advises residents to check their specific state regulations to ensure the document is valid. Cradduck recommends that travelers verify the rules in the state they are visiting. A document that is valid in one state may not meet the requirements of another. Residents should ensure their paperwork complies with local protocols to avoid complications during travel.