Denver, CO. If you are unable to take care of yourself because you become incapacitated through an auto accident, a debilitating physical disease, or a mental impairment, have you appointed someone to make medical decisions for you?

A power of attorney is important for people with severe health problems, people facing major surgery and older adults.

A health care power of attorney is an agreement between two people in which one person (the principal) authorizes another person (the agent or attorney in fact) to make medical decisions. It is recommended that the principal appoint an alternate or successor agent, in case the agent is unwilling or unable to make decisions.

Most people should consider making a power of attorney "durable" so that the agent (or attorney in fact) has the power to make decisions even if the principal (the individual) becomes incapacitated. If the principal gives a nondurable power of attorney, the power of attorney ends when the person becomes incapacitated and the courts may be required to appoint a guardian or conservator.

A principal must be competent (able to know and understand what they are doing) to create a power of attorney.

The durable medical power of attorney should give the agent (or attorney in fact) guidance on what should be done in specific situations.

An agent is a "fiduciary" meaning the agent must act with highest degree of good faith on behalf of the principal. The agent must follow any and all instructions given by the principal. If the principal’s wishes are not specific, then the agent is free to do what is in the best interests of the principal.

A principal can make their own decisions as long as they have decisional capacity. The principal always has the right to accept or refuse medical treatment.

The principal should inform the physician, the agent, and any other appropriate persons that a medical durable power of attorney has been appointed.

The principal may want to create a springing power of attorney that becomes effective only if the principal is incapacitated as determined by a licensed physician or others chosen to make this determination by the principal.

A power of attorney is valid in any state, regardless of where the individual lived when the power of attorney was created. Colorado does not require that the power of attorney be witnessed, but it is recommended that there be two witnesses or that the document be notarized.

A power of attorney ends when the principal dies. At that time, the personal representative named in the will is responsible for making decisions for the principal. A power of attorney can be revoked at any time. The principal signs a document indicating the designated agent is no longer authorized as the durable medical power of attorney.

With a durable medical power of attorney, there should be no need for family or friends to hire a lawyer or go to court to convince a judge that the principal is no longer capable of making decisions about medical care.