What Is a Medical Power of Attorney and How Is It Different Than a Durable Power of Attorney?

When people think about estate planning, they often focus on wills and trusts. But one of the most important planning tools you can have—at any age—is a power of attorney. Specifically, two types often cause confusion: the Medical Power of Attorney and the Durable Power of Attorney. Although they sound similar, they serve very different purposes and protect you in very different situations.

Below, we break down what each document does, how they differ, and why you need both as part of a complete estate plan.

What Is a Medical Power of Attorney?

A Medical Power of Attorney (sometimes called a Healthcare Surrogate or Healthcare Proxy) is a legal document that allows you to appoint someone to make medical decisions for you only if you become unable to make them yourself.

This means your chosen person—called your agent—can:

• Talk with doctors and nurses on your behalf
• Access medical records
• Make decisions about treatment options
• Decide about surgery or procedures
• Choose care facilities
• Discuss end-of-life care options if necessary

A Medical Power of Attorney ensures someone you trust can speak for you if you’re unconscious, incapacitated, or unable to communicate.

It does not give your agent authority over your finances, bills, or property—only medical decisions.

What Is a Durable Power of Attorney?

A Durable Power of Attorney (often called a Financial Power of Attorney) allows someone you choose to manage your financial and legal matters if you can’t.

Your agent may be able to:

• Pay your bills
• Manage bank accounts
• Handle insurance matters
• Sign legal documents
• Make financial decisions
• Deal with property or business matters
• File taxes

The word “durable” means the authority stays valid even if you become incapacitated. Without this document, your loved ones might have to go through a court guardianship process just to manage your financial life—an expensive and time-consuming ordeal during an already stressful time.

Key Differences Between the Two

Here’s a simple breakdown of how these two powers of attorney differ:

1. Purpose

• Medical Power of Attorney: Healthcare decisions
• Durable Power of Attorney: Financial and legal decisions

2. When They Take Effect

• Medical POA: Only when you are unable to make medical decisions
• Durable POA: Typically effective immediately or upon incapacity (depending on state law and how the document is written)

3. Who Uses the Document

• Medical POA: Doctors, hospitals, care facilities
• Durable POA: Banks, financial institutions, government agencies, insurance companies

4. End of Authority

Both documents generally end upon your death, at which point your will or trust takes over.

Do You Need Both? Absolutely.

A Medical Power of Attorney and a Durable Power of Attorney work hand-in-hand to protect every part of your life if something unexpected happens.

Without them:

• Your medical care may be delayed due to lack of legal authority
• Loved ones may disagree about care decisions
• Family members may need to petition the court for guardianship
• Bills may go unpaid
• Financial accounts may be frozen
• Stress and conflict may rise during an already difficult situation

With both documents in place, you ensure that trusted people can step in seamlessly and protect you—no matter what.

Final Thoughts

Life is unpredictable, but your planning doesn’t have to be. A Medical Power of Attorney and a Durable Power of Attorney are simple, powerful tools that offer clarity, protection, and peace of mind for you and your family.

If you’re unsure whom to choose or how to get started, an estate planning attorney can help you understand your options and create documents that are legally sound and tailored to your needs.

Ready to put your power of attorney in place? Book a call today.