What is a power of attorney for health care?

A power of attorney for healthcare is a formal document that should be distinguished from a living will.

In this document, the patient designates the individuals who are to act on the patient’s behalf. These individuals (authorized representatives as defined by the Civil Code) will act when the patient is unable to make decisions or act independently.

Under the power of attorney for healthcare, the authorized representatives may act independently—in the patient’s best interests—without the need for further action.

A power of attorney for health care and financial matters specifies different areas of representation separately: health and financial matters, as well as representation before government agencies.

It is common and possible to appoint several people as agents who act jointly or take on different areas of responsibility (for example, one agent handles health-related matters, while another agent handles financial matters).

A power of attorney for medical decisions and instructions can be established without notarization. Notarization of the power of attorney is required only if the purchase or sale of real estate or certain financial transactions (such as taking out loans) are to be carried out.

The health care agents make medical decisions (in consultation with the doctor) based on an existing advance health care directive or (if no such directive exists) on the patient’s presumed wishes, which are derived from the patient’s known views or past statements.