What happens if I don’t pick a Medical Power of Attorney?

If you don’t identify a legal Medical Power of Attorney in advance, then your state’s laws determine who will make decisions for you. And that might not be someone you want speaking for you. If this isn’t done ahead of time, your loved ones may have to get lawyers involved and petition the court for guardianship, which can be lengthy and expensive. For example, in some states the order of medical decision makers is the following:

1) Your legal spouse
2) An adult child, with the waiver and consent of all other qualified adult children.
3) The majority of your adult children. Conflict among adult children often leads to lengthy court battles that can destroy families and delay medical care.
4) Your parents or parent
5) An individual clearly identified to act on your behalf before you became incapacitated, like your nearest living relative, or a member of the clergy.

NOTE: if you are separated from your spouse (but still legally married) or estranged from your next-of-kin, doctors are still legally required to consult with that individual to make decisions on your behalf if you do not have a completed Medical Power of Attorney form and Advance Directive! This is why it is so important to create and then review and update your plans whenever there is a change in your life or health situation.