What is a Medical Power of Attorney in New Jersey?
A Medical Power of Attorney (MPOA) is a legal document that allows you to appoint someone to make healthcare decisions on your behalf if you become unable to do so. This person, known as your agent or proxy, will have the authority to make medical choices based on your wishes and best interests.
Who can be appointed as my agent?
You can choose anyone you trust to act as your agent, such as a family member, friend, or trusted advisor. However, your agent cannot be your healthcare provider or an employee of your healthcare provider unless they are also a family member.
How do I create a Medical Power of Attorney in New Jersey?
To create an MPOA, you need to complete the form provided by New Jersey law. You must clearly state your wishes regarding medical treatment and appoint your agent. After filling out the form, you must sign it in the presence of a notary public or two witnesses who are not related to you or beneficiaries of your estate.
Can I change or revoke my Medical Power of Attorney?
Yes, you can change or revoke your MPOA at any time as long as you are mentally competent. To revoke it, simply create a new MPOA or provide a written statement indicating your intention to revoke the previous document. Notify your agent and any healthcare providers about the change.
What happens if I don’t have a Medical Power of Attorney?
If you do not have an MPOA and become incapacitated, medical decisions will be made by your family members or legal guardians, which may not reflect your personal wishes. This can lead to confusion and disputes among family members during difficult times.
Is a Medical Power of Attorney the same as a living will?
No, they are not the same. A Medical Power of Attorney appoints someone to make decisions for you, while a living will outlines your preferences regarding specific medical treatments and end-of-life care. Both documents can work together to ensure your healthcare wishes are honored.
When does my Medical Power of Attorney take effect?
Your MPOA typically takes effect when your doctor determines that you are unable to make your own healthcare decisions. You can specify in the document if you want it to take effect immediately or under certain conditions.