Last updated · Written by the Power of Attorney Maker editorial team. State rules checked against official statute sources.
A medical power of attorney form names a health care agent to make medical decisions for you when you can't make or communicate them. Without one, doctors turn to family members in an order set by state law, which may not be the person you would pick, and disagreements can end up in court. Every adult benefits from having one, not just older people.
What the form covers
- Your health care agent and up to two alternates.
- Their authority: consent to or refuse treatment, choose doctors and facilities, and decide about life-sustaining treatment.
- Your wishes about life-sustaining treatment and any limits you want to set.
- HIPAA access to your records, and an optional guardian nomination.
The name differs by state
| State | Document name | Signing rule |
|---|---|---|
| Texas | Medical Power of Attorney Designation of Health Care Agent | Sign in front of two competent adult witnesses (at least one must meet the stricter Texas witness rules), or sign and have your signature acknowledged before a notary. (Tex. Health & Safety Code §166.154 and §166.003) |
| Florida | Designation of Health Care Surrogate | Sign in front of two adult witnesses. No notary is required. (Fla. Stat. §765.202) |
| Georgia | Georgia Advance Directive for Health Care | Two witnesses must sign. You must see both witnesses sign. No notary is needed. (O.C.G.A. §31-32-5) |
| Michigan | Patient Advocate Designation (Durable Power of Attorney for Health Care) | Sign in front of two adult witnesses. Your patient advocate must sign an acceptance before acting. (MCL 700.5506 and 700.5507) |
| Illinois | Power of Attorney for Health Care | Sign in front of one adult witness. It does not need to be notarized. (755 ILCS 45/4-10) |
| Maryland | Advance Directive: Appointment of Health Care Agent | Two witnesses must sign. No notary is required. (Md. Code, Health-General §5-602) |
| California | Power of Attorney for Health Care (Advance Health Care Directive) | Date and sign it, then either acknowledge it before a notary OR have two qualified adult witnesses sign. (Cal. Prob. Code §4673, §4674 and §4675) |
| New York | Health Care Proxy | Sign and date it in front of two adult witnesses, who also sign. No notary is required. (N.Y. Public Health Law §2981) |
After you sign
Give copies to your agent, alternates, your doctor and your hospital so it goes into your chart. Keep the original where your agent can find it. The paid signing packet adds a wallet card so emergency staff know who to call. In Michigan, your patient advocate must sign an acceptance before acting, and our Michigan form includes an acceptance page.
Talk about your wishes
The document only works if your agent knows what you want. Talk through scenarios such as long-term ventilation, feeding tubes and resuscitation. Your agent must follow your known wishes, even when others disagree.
Frequently asked questions
Does a medical power of attorney need to be notarized?
Usually not. Most states use witnesses: Florida, Georgia, Maryland, Michigan and New York need two witnesses, Illinois needs one. Texas and California accept either two witnesses or a notary.
Who can't be a witness?
Your agent can never be a witness. Many states also exclude relatives, heirs, your doctors and staff of your care facility. The PDF lists your state's rules next to the witness lines.
When does a medical power of attorney take effect?
When you can't make or communicate your own health care decisions, usually as determined by your doctor. Until then you make your own decisions.
Is a medical power of attorney the same as a living will?
No. A medical power of attorney names a person to decide for you. A living will (directive to physicians) records your own instructions about end-of-life treatment. Many people sign both.
Can my health care agent see my medical records?
Our form makes your agent your personal representative under HIPAA so providers can share your health information with them.
Does Texas require a special medical power of attorney form?
Yes. Texas Health and Safety Code §166.164 says the medical power of attorney must be in substantially the statutory form, including its disclosure statement. When you pick Texas, our tool fills in that statutory form.