As a parent, ensuring your child’s well-being is always a top priority. But what happens if you’re unavailable during a medical emergency? Whether you’re traveling, deployed for work, or your child is staying with a caregiver for an extended period, having a Medical Power of Attorney (MPOA) ensures that a trusted individual can make medical decisions on your behalf.
Mark Fishbein, lead estate planner at ALTA Estate, has helped many families with estate and healthcare planning. He stresses the importance of having a legally sound MPOA to prevent delays in medical care and ensure your child’s needs are met. Without this document, doctors and hospitals may be unable to act on urgent decisions, leaving your child’s treatment in limbo.
Below, we’ll walk through the steps to obtaining an MPOA for your child, explain why it’s essential, and explain how ALTA Estate can help you create a legally binding document that safeguards your child’s health, no matter the circumstances.
Understanding Medical Power of Attorney
Understanding a Medical Power of Attorney (MPOA) is not just a legal formality but a crucial step in ensuring your child’s well-being. This legal document grants a designated person, an agent, the authority to make medical decisions for your child if you cannot. It’s important to differentiate between an MPOA and other legal documents, such as a general power of attorney, which may cover broader aspects like financial decisions.
When to Consider an MPOA for Your Child
Several situations make having an MPOA for your child essential. If you travel frequently or your child spends extended periods with other caregivers, an MPOA ensures that medical decisions can be made promptly in your absence. Additionally, children with chronic illnesses or special needs may require quick, informed decisions by someone familiar with their medical history. While an MPOA can be used for minors, it can also apply to young adults, such as college students, who may need someone to manage their medical care in emergencies.
Choosing the Right Agent
Selecting the right agent for your child’s MPOA is a decision that should be made with the utmost care and consideration. The agent should be a trustworthy individual who understands your child’s medical needs and can make sound decisions under pressure. It is vital to have open discussions with potential agents about the responsibilities involved and to ensure they are comfortable with the role. Remember that legal restrictions may apply; for example, some states prohibit healthcare providers or facility employees from serving as agents unless they are related to the child.
Preparing the Necessary Documents
An MPOA form must include essential components, such as the child’s personal information, the agent’s details, and the powers granted. You must gather identification documents and any relevant medical information about your child. It is also crucial to ensure that the MPOA complies with your state’s specific regulations, which may dictate the form’s language, signing procedures, or other legal requirements.
Consulting Legal Professionals
While some families may feel comfortable drafting an MPOA independently, consulting a professional offers significant advantages. Specialized estate planners, like those at ALTA Estate, led by Mark Fishbein, have deep experience in family and healthcare law and can guide you through the intricacies of creating an MPOA that fully protects your child’s interests. Professional legal advice ensures that your MPOA is thorough, accurate, and legally sound, giving you confidence that your child’s healthcare will be managed according to your wishes.
Executing the MPOA
Once the MPOA is prepared, it must be executed appropriately to be legally binding. This process typically includes signing the document in the presence of witnesses and, in many cases, having it notarized. Once executed, distribute copies to all relevant parties, including the appointed agent, your child’s healthcare providers, and any institutions needing to reference the MPOA.
Informing Key Individuals
It’s essential to inform family members, caregivers, and healthcare providers about the MPOA and each person’s role. Clear communication ensures everyone understands their responsibilities and can act quickly if the need arises. Additionally, healthcare providers should be instructed to include the MPOA in their child’s medical records for easy access during emergencies.
Reviewing and Updating Your MPOA Regularly
An MPOA is not a one-time document; it should be reviewed periodically to ensure it remains relevant to your child’s circumstances. Significant life changes, such as moving to a new state, changes in health conditions, or the designated agent’s availability, may necessitate updates to the MPOA. When updating or revoking an MPOA, following the proper legal process is essential to avoid confusion or disputes.
Getting Started with ALTA Estate and Securing Your Peace of Mind
Having a Medical Power of Attorney for your child is a proactive safeguard for their well-being. It ensures that your child’s healthcare decisions are managed according to your wishes, even when you are not available. At ALTA Estate, Mark Fishbein and his team are committed to helping families navigate this critical process, offering expert guidance to create a comprehensive and legally sound MPOA that provides lasting peace of mind. Please take action today to secure your child’s future and ensure their health is always in good hands.
Call the Estate Services experts at (520) 797-1400 to learn more about Family Wills, Living Trusts Preparation, and Medical Power of Attorney, including the Emergency Telephone Hotline Program afforded to you and your family members at no charge during times of crisis and the other benefits of estate planning described above. Follow Mark Fishbein Arizona Estate Planner on LinkedIn or Facebook.
The text above is for general informational purposes and should not be considered legal advice. For more information, click Contact Us.
The text above is for general informational purposes and should not be considered legal advice. For more information, click Contact Us. Follow Mark Fishbein, ALTA Estate Planning, on LinkedIn or Facebook.
ALTA Estate Planning, Business Consulting, Living Trusts, Medical Powers of Attorney, and Wills in Tucson, AZ