FAQ: Healthcare Power of Attorney
2026
Jim Schuster, Certified Elder Law Attorney
In 2026 getting good healthcare means getting the medical treatment you should. It used to be that with Medicare if your doctor ordered something Medicare would cover the cost. Now with the very complicated Medicare advantage plans you may need “prior authorization” from the insurance for a treatment your doctor recommends. Nationwide the result is too many seniors do not receive the healthcare they need. You need to have your appointed healthcare agent investigate and help you contest the prior authorization.
A Healthcare Power of Attorney can and should be “Immediately Effective”
If you search the term “Healthcare Power of Attorney” you’ll find the almost all websites say that your appointed agent can act when you are “incapacitated.” That is wrong. You can and should have your Healthcare Power of Attorney be immediately effective. Here is our definition of a Healthcare Power of Attorney” A medical power of attorney is a legal document by which you appoint an “agent” to aid you in getting the best medical treatment so that you can live your life healthy and active as possible.
What is a Healthcare Power of Attorney?
It is a document executed by which you give authority to your healthcare agent to assist you in making health care decisions. The Power of Attorney should be immediately effective so that your agent can help you anytime you wish.
Two reasons: First, You may want somebody to talk to your doctor or a specialist about the proposed treatment plan. Your patient advocate will have authority to investigate all pertinent In case you ever become incapacitated, even temporarily such as after surgery, it is important that someone has the legal authority to communicate your questions and instructions concerning medical treatment. Many people say they just don’’t understand why the doctor is recommending a particular treatment.
If you become incapacitated and a serious medical decision must be made, your family will have to go to the probate court and have the judge appoint a “guardian.” This process can be expensive and can take time. In addition, the judge may not appoint the person you would choose. The judge may appoint a stranger, whom you will pay for their service. Finally once you have a guardian you and the guardian will be under the supervision of the probate court.
What is the difference between a Healthcare Power of Attorney, a Living Will and a Designation of Patient Advocate
The Healthcare Power of Attorney is not limited to cases of terminal illness. A “Living Will” is a form in which you state your preferences for end of life treatment. It is not legally adequate in Michigan. That is the purpose of the Designation of Patient Advocate.
What do I put in a Healthcare Power of Attorney?
First you appoint an Agent who will assist you when you wish. Second, you give the Agent instructions that state the Agent’s scope of authority.
An advance directive is an end-of-life document in which you appoint a “Patient Advocate.” It is effective only if you are unable to make your own medical treatment decisions. You can give your patient advocate instruction concerning when you would want life sustaining treatment terminated. You may find a Designation of Patient Advocate form here..
A patient advocate only has the authority to make medical decisions for you in the event you are unable to make such decisions yourself. Before executing the form should speak with the person you wish to name about your instructions . You want to be certain she or he act only as you direct. Note that your patient advocate can only act after two doctors determine that you cannot make medical treatment decisions yourself. Your nominated Patient Advocate must sign acceptance before acting for you. The Designation of Patient Advocate form is inadequate for management of routine medical matters.
Must my end of life treatment instructions be written?
No. You may give instructions to your Patient Advocate orally, but written is better. If there is any question or disagreement about your instructions the probate court will have to decide the question. For example, two people may recall you saying different things about medical treatment. The Michigan Supreme Court ruled in such a case that when a man said he did not want to be kept alive by machines, he was referring to a coma state. It happened that he had an accident and was kept alive by machines and could not communicate his wishes. But he was not in a coma. The court did not allow termination of the medical treatment.
Are there special provisions I should know about?
Yes. Most forms, whether provided by hospitals or by most attorneys, do not allow the agent to act until two doctors examine and certify that the patient cannot make informed decisions. That is very unhelpful for the elder who is relying on a spouse, friend, or child to handle routine medical matters. In addition most do address psychiatric treatment or consent to psychotropic medications. A person who has a history of treatment for mood disorders will want to have an Agent authorized to accept or reject treatment, to accept or reject hospitalization. In cases of dementia thought or mood problems are a common. Surviving spouses often experience debilitating depression. If the document does not specially authorize mental health treatment the Agent has no authority to consent or oppose.
Is it too late if I have a diagnosis of Alzheimer’s Disease?
No. The mere diagnosis of any condition that limits a person’s ability to make decisions does not remove the person’s ability to make legal documents. The legal issue is whether the person has “capacity” to understand what they are doing. For example, can a parent say and understand “I want my daughter to speak to the doctor for me and help me make medical decisions.” If so, then the parent has the “capacity” to appoint the daughter as agent. It is possible to have the capacity to appoint an agent and not have the capacity to make an advance directive or Living Will. End of life medical treatment decisions are complex and hypothetical. That is why it is very important to take care of the document as soon as possible on the diagnosis of a chronic degenerative condition.
When does a Healthcare Power of Attorney take effect?
The conditions of effectiveness are stated in the document. A Healthcare Power of Attorney may be immediately effective or it may “spring” into effect upon certification of two doctors that you are unable to participate in medical decision making . For example, you may require medical treatment and are unable to communicate your wishes. Your Agent or Patient Advocate would make the necessary decision. But, could they do so or would you first need to arrange two doctors to examine you and certify you cannot make the decisions?
Can I Cancel Or Change A Healthcare Power of Attorney?
Yes, you can cancel or change your Health Care Advance Directive by telling your agent or health care provider in writing of your decision to do so. Destroying all copies of the old one and creating a new one is the best way. Make sure you give a copy of the new one to your physician and anyone else who received the old one.
What if I regain my ability to communicate my own decisions?
If you had to have the probate court appoint a guardian for you then you will have to go back to court and have a hearing to determine if the judge will cancel the guardian’s appointment.
If your agent is acting under a Healthcare Power of Attorney then You will again make your own decisions as you choose.
If your agent is acting under an Advance Directive, which means the authority sprung into effect on the two doctors’ certification, then you may need to doctors to certify you are again unable to participate in medical decision making.
Who should have a copy of my Healthcare Power of Attorney?
You should have the original document. Your patient advocate should have a copy and medical office where you receive treatment should have a copy with your medical records.
When does the authority of the Agent Patient Advocate terminate?
Upon certified improvement of your condition, revocation, court order of divorce, annulment or separate maintenance, and upon death.
How can I get a Healthcare Power of Attorney?
Easy. Give us, Jim Schuster, Certified Elder Law Attorney’s office, a call at (248) 356-3500. Make an appointment and come on in. We’ll be very happy to help you.