What Is The Difference Between Advance Medical Directive And A Medical Power Of Attorney?

According to the California Department of Justice, the right of a patient to make their own medical decisions does not end when they become incapacitated. Patients in California have the right to leave behind sets of instructions that detail their preferences. However, this is not the only type of estate planning tool that helps patients maintain their decision-making authority after incapacitation. Aside from an advance medical directive, they may also rely on a slightly different option called a “medical power of attorney.” Although these terms may seem complex, an experienced California estate planning lawyer can explain them in more detail. An experienced estate planning attorney may also help California residents choose options based on their specific circumstances, goals, and concerns. To continue discussing advance medical directives and medical powers of attorney, consider a consultation with Wakefield Law Firm. Contact our legal team at (949) 274-9975 to learn more about our office in San Diego County. 

An Advance Medical Directive Lets Patients Leave Behind Instructions

An advance medical directive allows patients to leave behind instructions about their medical preferences. For example, a patient might specify that they want to be removed from life-sustaining treatment after a certain number of weeks in a comatose state. They might also reject certain types of treatment based on cultural or religious preferences. People of certain faiths are not allowed to accept treatments based on stem-cell technology, while others are forbidden from receiving blood transfusions. Note that patients do not need a religious “excuse” to reject certain types of treatments, and they are free to use an advance medical directive to reject any type of treatment without giving a specific reason. Patients also commonly use advance medical directives to state their preferences about organ donation. 

Advance directives allow patients to maintain control even after they become incapacitated. In fact, medical advance directives only go into effect once their creators become incapacitated. There are numerous examples of incapacitation to consider, including dementia, severe brain damage, comas, and various diseases that affect cognitive abilities. Although health care providers will follow this set of instructions, no one uses an advance directive to make their own independent decisions on behalf of a patient. 

A Medical Power of Attorney Gives Decision-Making Authority to Someone Else

In contrast, a medical power of attorney gives decision-making authority to a third party. This individual is called an “agent,” and they have the right to control the medical treatment of an incapacitated individual. With a valid medical power of attorney in place, the agent has the right to consent to treatment on behalf of the patient. They also have the right to hire or select certain doctors or entire medical institutions. If the patient did not leave behind any instructions in their advance directive, the agent also has the right to donate their organs. 

The agent also has the right to refuse treatment on behalf of the patient and discharge (fire) doctors and other health care providers. Due to this level of power and authority, patients should always select agents they trust. In the wrong hands, a medical power of attorney can be an extremely dangerous and destructive tool. 

The Definition of “Incapacitated” Is the Same for Both Medical Powers of Attorney and Advance Directives

One similarity between advanced directives and medical powers of attorney is the legal definition of “incapacitated.” According to the Superior Court of California, someone becomes incapacitated when they can no longer understand the details of health care options, including their risks, benefits, and alternatives. Someone who can no longer communicate their medical decisions may also fall into the category of “incapacitated.” 

This definition is important because it determines when both advance directives and powers of attorney go into effect. If a patient has both of these estate planning documents ready, they may both become legally binding when the patient becomes incapacitated. As a result, health care providers may follow the instructions of the advance directive while the agent controls all other decisions. 

An Advance Medical Directive Cannot Predict Every Possibility

Many advance directives are extremely detailed, containing extensive instructions on medical preferences. However, even the most extensive advance directives cannot cover every eventuality. There may be as many as 30,000 known human diseases – all causing various issues and requiring different treatment methods. There may be numerous treatment options for each of these diseases, depending on the symptoms and the circumstances of the patient. The total number of possible injuries is also almost countless. Consider the fact that there are over 200 bones and about 650 muscles in the human body – all of which may become injured. Again, there may be numerous treatment options for each specific type of physical injury. 

A patient can use an advanced directive to make decisions about the most common medical issues and treatment options. On the other hand, a medical power of attorney can ensure decision-making authority stays in the family – whatever happens. Even if a patient develops one of the most obscure conditions known to the medical world, a medical power of attorney still allows their loved one to choose appropriate treatments. Often, the agent is the spouse or adult child of the patient – and they are committed to choosing options the patient would have wanted. This is why many California residents create both advance medical directives and medical powers of attorney. 

Get Your Questions on Estate Planning Topics Answered With Wakefield Law Firm

Advance directives and medical powers of attorney can be effective estate planning tools, but there may be many other options worth discussing. For those with family businesses and complex financial holdings, a financial power of attorney might also be necessary. An estate plan will likely contain a Last Will and Testament – and perhaps various trusts. All of these components must work in tandem, complementing each other while giving families peace of mind – whatever the future brings. Families may want to discuss their unique situations alongside experienced estate planning attorneys in California. Wakefield Law Firm’s office is in San Diego County. Dial (949) 274-9975 to get started with a real conversation about advance medical directives and medical powers of attorney.