A lung cancer diagnosis is a life-changing event that can alter the way you think about your future. Cancer brings life into perspective and can stir up issues that you may not have thought about, including who will take over your medical decisions if your health declines and what types of advance directives you have for possible end-of-life care.

Many people struggle with advance care planning, such as creating a living will or specifying their desire for life-sustaining treatments or do not resuscitate (DNR) orders. But planning for your future ensures that your care wishes are fulfilled and gives your loved ones guidance in the face of challenging medical decisions.

Members of MyLungCancerTeam have discussed their reasons for putting advance directives in place. One member wrote, “My sister passed last year and left an awful mess for my brother to clean up. He’s an attorney and qualified. I couldn’t help because I was in treatment. I vowed not to put him through that again.”

Another shared, “I live alone and have two older sisters (ages 78 and 80). I don’t want to leave all the details to them when I’m perfectly able to coordinate what I can. My family has a sense of humor, and I want them to have some lighthearted memories of me.”

Regardless of your age or lung cancer stage, designating a medical power of attorney can help make things easier for your loved ones in the future. Familiarizing yourself with the process will help you choose the best person for this important role.

What Is Medical Power of Attorney?

A medical power of attorney, sometimes called a durable power of attorney for health care, is a legal document that gives another person the ability to make medical decisions on your behalf if you’re unable to make your own decisions. In the United States, there are specific state laws for setting up a medical power of attorney. The person you choose may be referred to as your:

• Health care agent
• Health care proxy
• Health care surrogate
• Health care representative
• Health care attorney-in-fact
• Patient advocate

A medical power-of-attorney agent must follow any predetermined guidelines that you specify. However, the agent can make significant decisions, including whether to keep you on life support, move forward with certain treatment options, or discontinue medical treatment and opt for palliative care only.

How Do You Complete the Process?

State laws may vary. For most parts of the United States, there’s a simplified form you can use to designate your health care agent. This bare-bones multistate form is valid in every state except Ohio, New Hampshire, Texas, and Wisconsin. Each of these states has its own mandatory disclosure statement to outline your wishes.

You should be able to find medical power-of-attorney forms on your state government’s website. Most states don’t require a notary, but typically two witnesses must be present to certify that you signed the forms. Different state laws specify who can serve as a witness, so be sure to read the terms carefully or seek legal counsel to help you.

While selecting a medical power-of-attorney agent, you may also want to put other legal documents in place that define the type of medical treatment you want, how your money will be managed (financial power of attorney), and who will care for your children (if applicable). Ask your lung cancer care team for a referral to an attorney who can help you with the process.

Pros and Cons of Medical Power of Attorney

Having a trusted person who can act as your advocate in a medical emergency will help inform and guide your lung cancer team. By making decisions in advance, or choosing someone who understands what you want, you can prevent others from grappling with difficult choices or having doubts and regrets. Be sure to inform the person you choose as your agent so they can be prepared and available if called upon. It’s also a good idea to let your other loved ones know your reasoning for choosing this person and encourage them to support your agent in fulfilling their decision-making responsibilities.

If you don’t choose a medical power-of-attorney agent, one may be chosen for you. The following people are legally authorized to make decisions about your health care (in the order listed) if you can’t make those decisions:

• Any guardians or conservators previously appointed by a court
• A legal spouse or domestic partner
• An adult child
• An adult sibling
• A caregiver (who is not your health care provider)
• A close friend or nearby relative

If you want to prevent any of the above from having power over your care, you can put paperwork in place to specify that wish. Designating a medical power-of-attorney agent ensures that your preferred person or people will be in charge if needed.

There’s always a risk involved when you give another person legal authority over your rights. However, medical power of attorney doesn’t come into play unless a doctor verifies your inability to make health care decisions first. You can also set limits on the types of decisions your agent can make for you, and the agent is required to follow any instructions you’ve provided. If a court believes that your health care agent is not acting in your best interests or is not following your previously designated desires, the right of medical power of attorney can be revoked.

Choosing the Right Person

State laws can vary, but in general, a person must meet a few criteria before they can be given medical power of attorney. For instance, your agent must be over 18 years of age or legally emancipated. The agent can’t be your health care provider or related to your health care provider.

Examples of the people who are typically appointed to be health care agents include:

• A close friend
• A family member
• A member of your religious community
• A trusted neighbor

There’s a lot to consider before signing a medical power-of-attorney document, including whether you feel the other person is up to the task. Just because someone cares for you doesn’t mean they are the best choice to act as your representative. Be sure to steer clear of anyone you don’t feel can handle the responsibility that comes with having decision-making authority.

Ideally, you should choose a medical power-of-attorney agent before your health comes into question. Because circumstances may change over time, you have the right to change your agent or revoke your agent’s rights as long as you’re still capable of making your own health care decisions. For instance, a spouse who was given the power of attorney may have this right removed if a divorce occurs. Be sure to read through the terms or meet with a lawyer or social worker who can help explain the ins and outs of your medical power-of-attorney document before signing it.

Talk With Others Who Understand

Talking to other people who understand what you are going through can be a great source of emotional support. MyLungCancerTeam is the social network for people with lung cancer. On MyLungCancerTeam, more than 4,600 members come together to ask questions, give advice, and share their stories with others who understand life with lung cancer.

Have you designated a medical power of attorney? What prompted you to take this step and how did you choose the right person? Share your insight in the comments below, or start a conversation by posting to your Activities page.