3 Common Ways to Become Someone’s Medical Decision Maker

Before we discuss the 3 ways to become a medical decision maker, I want you to be aware that in the US there is a federal law which allows us to “direct our health care wishes in advance.”

One way to do this is by naming the person you want to make medical decisions on your behalf if and when you are no longer able to. The other way is through advance healthcare directives (a topic for another day).

This person’s “title” can vary depending on the recognized documents of their state. Some commonly used terms are Durable Medical Power of Attorney, Health Care Surrogate, Health Care Agent, or Health Care Proxy. 

1 – Being designated by a person to make their medical decisions inside of a legal document (see the names for these above).

Most documents are written to only go into effect when a person becomes unable to speak for themself. This is called being incapacitated. 

The document naming who a person wants to be there medical decision maker must be completed by them before they lose the ability to make their own decisions.

How the document becomes “legal” will depend on your state’s rules. Some states require notarization and/or use of witnesses. You will need to look up the rules for your state. 

2 – Through guardianship.

This is a legal process through the court system when a person did not formally name a decision maker ahead of time or that person can no longer act in the role.

You could be appointed another person’s guardian when that person is deemed “incompetent” by a court of law.

Obtaining guardianship with the help of an attorney is a path you might need to take if the person you are advocating for is not taking care of themselves properly, not making sound decisions, endangering themselves or others, and/or not allowing people to help them.

It could also be needed in order to take over their finances. 

3 – The last way to have this job of making someone’s medical decisions is by entering into this role by default. 

When someone is incapacitated, and has no legally designated medical decision maker, or appointed guardian, medical staff, like me, will call on their next of kin when decisions need to be made.

The role will fall by default to a person who has a legal right to make that person’s decisions based on the rules in their state.

This person is commonly a spouse or child. Each state has its own hierarchy of how to choose the medical decision maker via next of kin. 

You can look up this information in your state.

I use the term medical POA (Power of Attorney) or medical decision in my articles and am speaking to anyone making medical decisions on someone else’s behalf when I use these terms.

I can not stress enough how difficult it can be to make life and death choices for another person, especially someone you love.

This is an incredibly important job. 

If you are someone with dementia’s medical POA you will almost certainly have to make decisions for them at some point. 

It is my mission to teach dementia family caregivers who are the decision maker(s) for their person to do so with confidence.   

If you would like to avoid the most common mistakes, I see medical decision makers falling into I’ve written two articles covering the top 10 mistakes I want you to avoid.

Here’s the link to Part 1: 10 Mistakes to Avoid as Medical Power of Attorney – Brittany Lamb (blambmd.com)

You’ll find the link to Part 2 at the bottom of that post.

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Until next time, all my best to you.

Brittany Lamb, MD