Healthcare Power of Attorney (HCPA)

What Is a Health Care Power of Attorney (HCPOA)?

A Health Care Power of Attorney (HCPOA) is a legal document that designates a specific person to make medical decisions on your behalf if you become unable to communicate or make those decisions yourself. The term HCPOA can refer both to the document and to the person named in it (also called a health care proxy or agent). HCPOAs are often part of advance directives or living wills.

Key points
* An HCPOA authorizes an agent to discuss treatment with clinicians and make health-care decisions, including life-and-death choices, when you are incapacitated.
* State rules and required forms vary, so follow your state’s procedures when creating an HCPOA.
* Many people appoint both an HCPOA (medical decisions) and a durable power of attorney (DPOA) for finances.

Role and when it takes effect
* The agent’s role is to represent your wishes, communicate with medical providers, accept or refuse treatments, and request or decline interventions (for example, do-not-resuscitate instructions) consistent with your stated preferences.
* The HCPOA becomes active when you are unable to make or communicate medical decisions. Until then, you retain full control.

How to designate an HCPOA
* Choose a trusted person — a friend, partner, relative, or colleague — who understands your values and will follow your wishes.
* Complete the HCPOA form, including identifying information (name, birthdate, etc.). Many forms allow you to name alternate agents.
* Some jurisdictions require signatures to be witnessed; a few require notarization.
* You can change or revoke your agent at any time by completing a new form (or destroying the old one) per your state’s rules.

State-specific requirements to note
* Certain states require use of state-specific HCPOA forms rather than a universal form (examples include Indiana, New Hampshire, Ohio, Texas, and Wisconsin).
* Notarization is required in some states (examples include Missouri, North Carolina, South Carolina, and West Virginia).
* Rules about witnesses, form language, and execution can differ; always consult your state’s official form or an attorney.

HCPOA vs. Durable Power of Attorney (DPOA)
* HCPOA: Authorizes only medical and health-care decision-making when you’re incapacitated.
* DPOA (durable power of attorney for finances): Authorizes financial, legal, and business decisions (paying bills, buying/selling property) when you’re incapacitated.
* Many people create both documents to cover medical and financial decision-making.

Common questions
* Can I revise my HCPOA? Yes. You may revoke or replace your agent at any time by executing a new document according to state rules.
* Does an HCPOA need witnesses or notarization? Requirements vary by state; some care facilities require witnesses at signing, and a few states mandate notarization.
* What should the form include? Typically the agent’s identifying details and any specific instructions (e.g., DNR requests, limits on treatments).

Benefits
* Ensures a trusted person can make timely medical decisions if you cannot.
* Helps prevent unwanted treatments and reduces uncertainty for family and providers during medical crises.
* Complements other advance-care planning tools (living wills, DNR orders).

Bottom line
Designating an HCPOA lets a trusted person speak for you and make medical decisions if you become incapacitated. Because rules and forms vary by state and because HCPOA agents may make critical life-and-death decisions, choose your agent carefully and follow your state’s execution requirements.