Do I need a medical power of attorney for my spouse?

Question

I'm about to have a baby, and when I was pre-registering at the hospital they asked if I had a living will or medical power of attorney. Does my husband need a power of attorney to direct my medical care, or will he automatically have the authority to do so as my spouse? I'm just wondering if I need to rush and get him the POA soon, before I go into labor.

He's in the military so I can go to JAG and get it done for free. I have a general POA for him (so I can handle the day-to-day stuff when is deployed), but we never thought to get him one.

Answer 1

Yes the spouse has primary authority regardless of having a POA or not. But as others have said the waters can be muddled a bit when family gets involved. Sure the hospital will bow to what your husband wishes but say your Mom, Dad, sibling get involved. The hospital has to explain all of this to them, other people are talking to the doctor, the doctor is talking to your spouse, etc.. Meanwhile the doctors time is best spent talking and explaining the situation to one person and one person only. Time and information are of the essence.

So get it as it is something one should have anyway. If you use a lawyer ask how much it is to do a general POA as well (should something happen it is good for sorting out the house, cars, bank accounts, taxes, benefits, insurance, custody if the grandparents get iffy and all sorts of things).

And it is something that all couples should have. A medical and a general power of attorney.

Answer 2

Power Of Attorney Spouse

Answer 3

1

Answer 4

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RE:
Do I need a medical power of attorney for my spouse?
I'm about to have a baby, and when I was pre-registering at the hospital they asked if I had a living will or medical power of attorney. Does my husband need a power of attorney to direct my medical care, or will he automatically have the authority to do so as my spouse? I'm just wondering...

Answer 5

The two previous answers were very sound in the description and why it is a good idea. I will probably be unpopular for my stance against Power of Attorney being given before a health or other issue makes it necessary. I am not for having a standing order of Power Of Attorney. I do have a living will.

Answer 6

It is always a good idea to have a medical power of attorney so that someone can tell the medical providers what your wishes are in the event you become incapacitated. My understanding is that the medical providers can decide what is most medically appropriate in the situation if your spouse does not have a medical power of attorney.

Answer 7

A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patient's life being artificially prolonged by various medical procedures.

It is a document, signed by a competent adult, i.e., "principal," designating a person that the principal trusts to make health care decisions on the principal's behalf should the principal be unable to make such decisions. The individual chosen to act on the principal's behalf is referred to as an "agent." it would be helpful to have someone who knows your values and in whom you have trust to make such decisions for you.

Pl take the medical power of attorney form from the hospital.

Regards

Answer 8

Not to make it scary - but things can go wrong, and as people have mentioned yes your husband is your legal next of kin and decision maker if you become incapacitated, but when family gets involved things get muddy.
A Medical Durable power of attorney not only places your husband in charge of your health care, but written broadly enough it can cover other legal issues, such as say your car gets impounded while you are incapacitated - your husband then has a legal document that say he can be responsible for it, or sign your name in the case of bills or finances.
A living will covers what you would want done in the case that you could not speak for yourself - treatments you want, treatments you don't want, and if you want your life prolonged artificially in the event that meaningful recovery is not likely.
To be honest EVERYONE should have these documents, because the time to make those decisions is not when someone is dying or ill, but when the person is well enough that wishes can be discussed. It's a really ugly reality to face, but we will all die and if you know you don't want to be kept alive by machines then tell someone, or if you want them to do everything possible to preserve you forever on a maching then let people know that to. Don't leave it up to your husband to guess what you wanted, and don't leave it up to him to explain to your family what you wanted. Write it down so that if (god forbid) a bad thing happens he will know your wished and be able honor them.
While you're down there getting one for you - get one for him as well. These are important things to have.

Answer 9

It's a wise precaution to give him a POA. He would have the right to make decisions by law, but other family members might challenge his decisions in court if they strongly disagreed with him. If you had given him your written authority and expressed your wishes with a living will, that would lessen the chances that anyone could dispute his decisions, especially in a Terry Schiavo-like situation.

Answer 10

I think your spouse automatically has power of attorney.