Medical Power of Attorney
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Medical Power of Attorney in India is a legal document that allows an individual (the “principal”) to appoint someone else (the “agent”) to make medical decisions on their behalf in case they become unable to make such decisions themselves.
The agent is usually a trusted family member or friend and has the authority to make medical decisions that align with the principal’s wishes and values. The document is legally binding and can be used in situations where the principal is unconscious or mentally incapacitated.
A lawyer can assist in the preparation and execution of a Medical Power of Attorney document to ensure that it is legally binding and valid. They can also provide guidance on any legal issues that may arise in the process and help ensure that the document accurately reflects the principal’s wishes and values.
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How to get a Medical Power of Attorney registered
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Understanding the MPOA
Discussing the requirements of the principal and the terms and conditions which are to be included in a MPOA with the lawyer.
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Drafting the MPOA
The lawyer drafts your document according to the requirements
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Final MPOA
After the draft is ready, the lawyer then defines the legitimate Medical Power of Attorney
Understanding the MPOA
Discussing the requirements of the principal and the terms and conditions which are to be included in a MPOA with the lawyer.
Drafting the MPOA
The lawyer drafts your document according to the requirements
Final MPOA
After the draft is ready, the lawyer then defines the legitimate Medical Power of Attorney
Contents of Medical Power of Attorney
Identification of parties
The MPOA should identify the principal and the agent by their full legal names, addresses, and contact information.
Agent's powers
The MPOA should specify the scope of the agent's powers, including the authority to make decisions about medical treatment, end-of-life care, and other related matters. The document should also specify any limitations on the agent's powers, if applicable.
Principal's wishes
The MPOA should reflect the principal's wishes and preferences regarding medical treatment and end-of-life care, including any religious or cultural considerations.
Communication with healthcare providers
The MPOA should provide guidance on how the agent should communicate with healthcare providers, including how to access medical records and consult with doctors.
Agent's obligations
The MPOA should outline the agent's obligations and responsibilities, including the duty to act in the principal's best interests and to keep the principal's wishes in mind when making decisions.
Term and Revocation
The MPOA should specify the duration of the agent's powers and include a clause allowing the principal to revoke or amend the MPOA at any time if they are of sound mind and capable of making decisions.
Signatures and witnesses
The MPOA should be signed by the principal in the presence of two witnesses who are not related to the principal or the agent. The witnesses should attest that the principal was of sound mind and understood the consequences of signing the MPOA.
Benefits of Registering a Medical Power Of Attorney
Ensures that an individual's medical wishes and values are respected and followed even if they become unable to make decisions for themselves.
Provides peace of mind to both the principal and their loved ones by ensuring that medical decisions will be made in accordance with the principal's wishes.
It can help avoid family disputes and legal challenges by clearly outlining the agent's authority and the principal's wishes.
It can help avoid unnecessary medical treatments or procedures that may not align with the principal's wishes.
It can be used to provide guidance and clarity to healthcare providers who may otherwise be uncertain about how to proceed with medical care.
It can be updated or revoked at any time if the principal's wishes or circumstances change.
It can help ensure that the principal's privacy and autonomy are protected by designating a trusted agent to make decisions on their behalf.
Prerequisites for registering Medical Power of Attorney
Draft of the POA
Draft of the original written POA
Identification Proof
Identity proof of the parties involved
Proof of Property
Electricity bill or tax receipt (for property-related POA)
Photograph
Passport size photograph of both parties
Witnesses
2 witnesses along with their ID proofs (identity and address)
Registration Process
1
Discuss your requirements with a lawyer
2
Power of Attorney is drafted by the Lawyer
3
Pay Stamp Duty and generate challan
4
Schedule an appointment at the Sub-Registrar Office
5
Pay Registration Fees
6
Signatures of 2 Witnesses in the presence of the Sub-Registrar
7
Power Of Attorney is Registered at the Sub-Registrar’s office
Deliverables for the Medical Power of Attorney Registration
Customized POA draft
Registered POA (original) is home delivered.
Frequently asked Questions
What types of decisions can a medical power of attorney make?
A medical power of attorney can make decisions related to healthcare, medical treatment, and end-of-life care. This can include decisions about medical procedures, medication, life-sustaining treatment, and other related matters.
Who can I appoint as my medical power of attorney?
You can appoint any adult individual who is of sound mind and able to make medical decisions on your behalf. This can include a family member, friend, or other trusted individuals.
How do I create a medical power of attorney?
To create a medical power of attorney, you will need to complete a legal document that meets the requirements of your state. This typically involves naming your chosen agent and specifying its powers and limitations. You may also need to have the document witnessed and/or notarized.
When does a medical power of attorney go into effect?
A medical power of attorney goes into effect when the individual who created it becomes unable to make medical decisions on their own behalf. This can occur due to injury, illness, or other incapacitating conditions.
Can a medical power of attorney be revoked?
Yes, a medical power of attorney can be revoked at any time by the individual who created it, as long as they are still of sound mind and able to make decisions.
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