Healthcare Power of Attorney (HCPOA)

A Healthcare Power of Attorney is a legal document. It lets you (the principal) choose someone (the agent or proxy) to make medical decisions for you. This happens if you can't decide for yourself due to illness, injury, or incapacity.

A living will outlines your wishes for end-of-life care. A Healthcare Power of Attorney lets someone make healthcare decisions for you. For more information, see Living Wills. 

You can name any competent adult (18 years or older) to serve as your healthcare agent. This person can make medical decisions for you if you can't.

People often choose their agent from these options:

• a spouse or partner

• an adult child

• a sibling

• a close friend

• a trusted professional, like an attorney or clergy member. 

Your healthcare agent can't be your treating doctor or provider. This rule applies unless they are a family member. Your healthcare agent can't have a conflict of interest. They shouldn't be people who could profit from your healthcare decisions.

You can name multiple healthcare agents, but it's best to choose one main agent and a backup. This way, if your first choice isn't available, the backup can step in. You also can choose co-agents, but if they must agree on decisions, it can cause delays and conflicts. A better choice is to let several agents act on their own. This way, any agent can make decisions when necessary.

Example: 

• Primary Agent: Your spouse. 

• Alternate Agent: Your sibling (if your spouse is unavailable or unwilling). 

Your healthcare agent can make medical decisions for you if you are unable to do so yourself. Their choices rely on the authority you grant in your Healthcare Power of Attorney. The agent can have general authority to make healthcare decisions you could make. However, you can limit this authority in the Healthcare Power of Attorney.

You can list the specific powers that you want to include. For example, you can give an agent the authority to: 

• Grant, refuse, or withdraw consent on the principal’s behalf for any health care service, treatment, or procedure, including medication decisions.

• Talk to health care personnel, get information, have/give access to medical records, and sign forms necessary to carry out health care decisions.

• Authorize admission to or discharge from any hospital, nursing home, residential care, assisted living, or similar facility or services, and to contract for any healthcare-related service or facility.

• Authorize payment for any expenses resulting from health care services, treatment, placement, or procedures provided.

• Prevent or limit reasonable communication, visitation, or interaction between the principal and a relative by blood, adoption, or marriage, or another individual who has a relationship based on or productive of strong affection.

A Healthcare Power of Attorney begins when you cannot make medical decisions. This can happen due to illness, injury, or incapacity. This often means being unconscious, like in a coma. It can also mean having serious cognitive decline, like advanced dementia. Severe mental or physical problems, such as a stroke or brain injury, can cause this too.

If you recover and can make your own decisions again, your agent's authority ends. You then regain full control.

You don’t need a lawyer for a Healthcare Power of Attorney (HCPOA). However, a lawyer can help if you have special wishes or complicated medical issues. You can use a state-approved form. But, talking to a lawyer makes sure your HCPOA is clear and legal. For more information, see Finding and Hiring A Lawyer.

In Louisiana, notarization isn’t required for a Healthcare Power of Attorney (HCPOA), but it’s a good idea. Notarizing the document can help it get accepted easily. This is especially true if it’s used in another state or by specific healthcare providers.

In Louisiana, you need two witnesses to sign your Healthcare Power of Attorney. The witnesses must be at least 18 years old. They cannot relate to you by blood, marriage, or adoption. Also, you cannot name them in your will, so they cannot inherit anything from your estate.

Yes, you can change or revoke your Healthcare Power of Attorney at any time as long as you are mentally competent. 

There are several ways to change or revoke your Healthcare Power of Attorney including: 

• Creating a new Healthcare Power of Attorney replaces the old one. It does this if it clearly states it overrides all previous versions.  

• Revoking in Writing - To cancel your Healthcare Power of Attorney, write a revocation. Sign and date the document.  

• You can revoke your Healthcare Power of Attorney by destroying it. For example, you can shred or tear up the document.

Make sure when you revoke or change your Healthcare Power of Attorney you notify: 

• Your healthcare agent

• Your doctors and hospital

• Your family and caregivers

Your Health Care Power of Attorney will automatically terminate in the following circumstances: 

• When a court appoints a curator for you in an interdiction;

• When the agent is found incompetent;

• When either the principal or the agent dies.

The law does not require you to update your Healthcare Power of Attorney. Review and update your Healthcare Power of Attorney (HCPOA) every few years. Do this also after any major life change. A good rule of thumb is to check it every 2–3 years or when the following events happen:

When to Review or Update Your HCPOA

• Changes in Your Health – If you are diagnosed with a serious illness, develop a chronic condition, or your health worsens.

• Changes in Your Agent – If your agent dies, becomes unavailable, or you no longer trust them to make decisions for you.

• Family Changes – If you get married, divorced, or have significant shifts in family relationships.

• Moving to Another State – Since laws vary by state, update your HCPOA if you relocate.

• Changes in Your Medical Preferences – If your views on medical treatments, life support, or end-of-life care change.

Without a Healthcare Power of Attorney, someone else will make medical decisions for you if you can’t. Here’s what could happen: 

• Your Family May Decide - State law determines who can make decisions for you in this order: 

  • Your legal spouse (unless separated).

  • Your adult children (majority decision if multiple children).

  • Your parents.

  • Your adult siblings. 

  • Other close relatives. 

• A court may appoint a guardian if no one is available. If a family can’t agree, a legal guardian (curator) will make healthcare choices for you.  

• Your medical wishes might not be honored. Without a Healthcare Power of Attorney, doctors must follow state laws and hospital rules. These may not match your personal beliefs or desires.

A doctor can refuse to follow your Healthcare Power of Attorney. They may think the treatment isn't necessary. It might go against hospital rules. Or it could clash with their personal beliefs. However, they must inform your agent and try to transfer your care to a doctor who will follow your wishes. To prevent problems, ensure your Healthcare Power of Attorney is valid. Talk about your wishes with your doctor. Also, give copies to your healthcare providers.

Keep your Healthcare Power of Attorney (HCPOA) in a safe, easy-to-reach spot. Also, make sure important people have copies.

Best Places to Store Your HCPOA:

• With You – Carry a small card in your wallet with a note stating you have an HCPOA and who to contact.

• With Your Healthcare Agent – Give a copy to the person you’ve chosen to make decisions for you.

• With Your Doctor/Hospital – Ask your doctor to keep a copy in your medical records.

• At Home – Store the original in a fireproof and waterproof safe, but make sure your agent knows where to find it.

• With an Attorney (Optional) – If you have a lawyer, they can keep a copy on file.

If you move to a new state, your Healthcare Power of Attorney may still work. However, it's a good idea to update it to match your new state's laws. 

Key Considerations When Moving to Another State: 

• Most states accept out-of-state Healthcare Power of Attorney. However, some have unique legal rules. These may include witness requirements, notarization, or specific language. 

• Your new state’s doctors and hospitals may not accept your Louisiana Healthcare Power of Attorney. This can lead to delays or confusion. 

• State laws differ when it comes to medical choices like life support and end-of-life care. 

• Check and update your Healthcare Power of Attorney with a lawyer. This makes sure it meets your new state's laws.

A hospital or nursing home cannot require you to have a Healthcare Power of Attorney to get admitted.

What They Can Do:

• Someone might ask you if you have a Healthcare Power of Attorney or a Living Will. But you don’t have to show one.

• Federal law requires them to inform you about your right to create an advance directive. However, they cannot force you to sign one.

• Without a Healthcare Power of Attorney, state law will decide who makes decisions for you if you can’t. This could be a spouse, adult children, or next of kin.