Does the Law Allow You To Revoke a Medical Power of Attorney?
A medical power of attorney (MPOA) differs from a living will and health care proxy (in states that recognize its difference from the MPOA). An MPOA is legally binding, meaning that any breach of the document brings legal consequences.
Before you create a medical power of attorney (also known as a health care proxy in some states), you should know whether you’re able to revoke it if you change your mind about any detail you included. So, what does the law say—can you revoke a medical power of attorney?
DoNotPay answers your burning questions about revoking a medical power of attorney so you can decide whether you want to create yours!
A medical power of attorney is no different than any other type of POA in terms of revocation. By law, you can revoke a medical power of attorney if you’re the declarant. You have several ways to do it:
|Revoke the document in writing||You can:
Both the statement and form confirm that you are of sound mind and should contain the:
Once you complete your revocation, you need to give it to everyone who has the (now revoked) MPOA
|Verbally proclaim your revocation||If you are unable to submit a written revocation, you can express your wishes about terminating your MPOA to your assigned medical practitioner|
|Destroy the document||A medical power of attorney cannot be in effect if it does not exist. If no one has a copy of the document, you can destroy it to render it invalid|
|Sign a new medical power of attorney||Every time you sign a new MPOA, the previous one becomes invalid, but you need to make sure that all people who had the old document get the new one as well|
If you revoke an MPOA, you must ensure all copies of it are destroyed.
Only the declarant can revoke their medical power of attorney, and they can do so:
- If they are of sound mind and able to communicate their intent of revocation
- At any given moment before the MPOA takes effect (before the declarant becomes incapacitated)
- After they recover from a condition that made them unable to express their wishes
After you revoke the MPOA, you can create a new one and:
- Designate a new health care agent (and up to two alternate ones)
- Express your latest wishes regarding medical treatment
When creating any advance health care directive, you want the process to be:
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Whether you’re creating your first advance directive or a new one after submitting your revocation—the process of getting a living will, health care proxy, or medical power of attorney shouldn’t be complicated.
With our app, the process is straightforward—you enter your wishes, and your personal robot-lawyer handles the formalities! To get started:
- Access your DoNotPay account
- Search for Advance Health Care Directive
- Designate a health care agent and express your wishes regarding medical treatment
- Enter the names of your two witnesses
After you complete all the steps, your personalized advance directive form will be on its way to you shortly! All that’s left for you to do is get your document notarized, and we can help. Our app allows you to get your advance directive verified from the comfort of your home.
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