Medical Power of Attorney
Your Medical Power of Attorney (MPoA) can make health care decisions for you if you are unable to make them for yourself. At MD Anderson, we encourage all patients to appoint someone as their MPoA by filling out the MPoA form and uploading it into MyChart or by completing the form on the Koda platform. Learn more about Koda.
This form is an important legal document. Before signing it, be sure you understand the following facts and terms:
Medical Power of Attorney agent
Anyone can be your MPoA except:
- A person under 18 years of age, unless emancipated
- Your health care provider
- An employee of your health care provider, unless that employee is related to you
- Your residential care provider (for example, nursing home or hospice)
- An employee of your residential care provider, unless that employee is related to you
Tell the person you appoint that you want them to be your MPoA. Give your MPoA a signed copy of the form.
Authority of agent
Your MPoA makes decisions only when you are not able to make them. Unless you state otherwise, your MPoA has the same authority to make health care decisions as you have now. Your MPoA may consent, refuse to consent, or withdraw consent to medical treatment. Your MPoA may make decisions about continuing or stopping life support treatment.
A section on the Medical Power of Attorney form is called "Limitations on the Decision-Making Authority of My Agent Are As Follows." You can leave this section blank. However, your MPoA must follow any instructions you leave for them.
Examples of limitations you might choose include:
- Provide comfortable, pain-free care
- Do not keep me alive if I am going to remain in a coma
- Use (or do not use) a feeding tube
Even after you have signed the Medical Power of Attorney form, you have the right to make health care decisions for yourself as long as you are able to do so. Treatment cannot be given to you or stopped over your objection. You have the right to revoke any authority granted to your agent at any time, either orally or in writing. To do so, tell your MPoA or your health care provider. You can do this regardless of your mental capacity or competence.
Witnesses
Your Medical Power of Attorney form is valid only when you have it notarized or when you sign it in the presence of at least two qualified witnesses. The following persons may not act as witnesses:
- The person you have designated as your MPoA agent
- A person related to you by blood or marriage
- A person entitled to any part of your estate after your death under a will or codicil executed by you or by operation of law
- Your attending physician
- An employee of your attending physician
- An employee of a health care facility in which you are a patient if that employee is providing direct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility
- A person who, at the same time this Power of Attorney is executed, has a claim against any part of your estate after your death
You can change the nominate MPoA agent at any time and appoint another MPoA.
Questions about Advance Care Planning?
If you have any questions about Medical Power of Attorney or any part of the advance care planning process, contact our Social Work department at 713-792-6195.
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