Durable Power of Attorney for Health Care: Providing peace of mind to loved ones — and you
José Sandoval is a solo lawyer and owner of Sandoval Law Firm (Estate Planning & Probate Practice). A graduate of the Saint Louis University School of Law, Sandoval is a member of the 2025-2026 Missouri Bar Leadership Academy class.
In December of 2014, I was involved in a severe car accident. I flipped my car NASCAR-style upside down into a ditch on the side of the highway. I was unbelievably lucky and blessed to survive this accident and walk away from the wreckage with only some bruising from my seatbelt.
It didn’t truly hit me that I could have been seriously injured — or even died in that accident — until I walked out of the hospital and the adrenaline rush had finally faded.
In many situations, people are unable to speak for themselves when or if they are seen by a health care provider. That is where having a Durable Power of Attorney for Health Care is vital to ensuring your medical wishes are followed.
What is a Durable Power of Attorney for Health Care?
A Durable Power of Attorney (DPOA) for Health Care is a legal document that lets you choose people you trust to make medical decisions for you if you become too sick or injured to communicate those decisions for yourself. This trusted person is usually called your “health care agent.”
The health care DPOA, and accompanying HIPAA Privacy Authorization Form, gives your health care agent legal authority to talk with health care providers and receive information about your health. It can also give your health care agent the legal power to carry out your wishes for end-of-life care, organ or body donation, and funeral or final arrangements.
Why is a DPOA for Health Care important?
Nobody plans on getting into a severe car accident or losing the ability to speak or care for themselves. But these situations, unfortunately, happen every day.
Health care DPOAs keep you in control over your life and liberty. Your health care agent will know what kind of medical care you want, what decisions you would make for yourself, and how you would like to be cared for. You can also outline your care and treatment choices about life-prolonging procedures in a Health Care Directive, which can be attached to your health care DPOA, to provide further guidance for your health care agent. This helps prevent conflict in stressful situations.
A health care DPOA can also help your loved ones avoid court. Without this document, someone may need to go to court to receive permission to make medical decisions for you at the same time as your medical situation. This process can take up precious time, money, and energy during an already stressful situation.
How can a health care DPOA help simplify estate planning and provide peace of mind to loved ones?
After learning about DPOAs in law school, I realized just how much heartache and distress I could have put my parents through by not having one of these powerful documents in my estate plan as a young person.
A health care DPOA helps provide peace of mind to your loved ones and trusted people. This powerful document outlines a detailed plan for what your health care agent can do during your medical emergency, when they must act, and how they should handle the situation without you there to guide them.
What are helpful tips to keep in mind?
Talk to your agents
It’s important to discuss your medical wishes with your health care agents before a situation occurs where you can no longer communicate.
Sit down and have an honest conversation with your health care agents about your — and their — beliefs, feelings, and views on treatment. You may be surprised that your trusted people have different ideas from your own about certain medical treatments, life support, or organ donation. It is important to know that your trusted person can and will make decisions according to YOUR instructions, not their own beliefs.
Find someone who is comfortable with health care
If you have issues choosing a trusted person, find someone in your life who is knowledgeable about health care. It is important that your trusted person is not only someone who will step up to the plate, but also who can easily understand what they are being told by health care professionals.
Remember that you can always change your mind
This health care DPOA does not set your decisions in stone. Rather, you should think of it as a reflection of what you would want to happen today. A lot of people’s feelings about their medical treatment change over the course of their lives, and it is normal to update health care DPOAs on occasion.
Make copies of your health care DPOA
Ensure your providers have access to a copy of your health care DPOA, whether that means sending electronic copies to your medical team, storing the document in a safe and secure place (that your health care agent can still access), or carrying a copy while traveling away from home.
The Missouri Bar has a simple and free DPOA for Health Care written by lawyers, along with a Health Care Directive and HIPAA Privacy Authorization form, available to Missouri residents.
The Missouri Bar’s DPOA for Health Care and Health Care Directive booklet and forms do not take the place of meeting with and receiving advice and counsel from a lawyer experienced in assisting clients with completing these forms. Often lawyers who do estate planning, elder law, and general practice focusing on those areas can assist you with your health care advance planning. Contact a lawyer if you have any questions.