In most U.S. states, the legal age for a medical power of attorney (MPA) is 18 years old. This means that the individual appointing a proxy and the proxy themselves must be of legal age.

An MPA is a legal document that allows an appointed person to legally make medical decisions on your behalf if you’re no longer able to.

This person is usually referred to as a healthcare proxy. They may become responsible for your care and treatment if you can’t communicate your wishes, such as during medical emergencies or if you’re unconscious.

This means they can sometimes make difficult end-of-life decisions.

In the United States, the legal age for an MPA is 18 years old, except in Nebraska and Alabama, where it’s 19 years.

Keep reading to learn more about why an MPA is important, how to set one up, and how to select a proxy.

Key terms

Several terms are commonly used when discussing an MPA, which is also known as a healthcare proxy or a healthcare power of attorney.

Understanding these terms can help you make the best decision for your healthcare needs.

  • Principal: The principal is the person who selects, appoints, and authorizes someone else to be their healthcare proxy.
  • Proxy: A proxy is the person you grant the authority to make medical decisions on your behalf if you’re unable to do so. They may also be referred to as a healthcare representative, surrogate, agent, attorney-in-fact, or patient advocate.

So, if you’re setting up an MPA to appoint someone to make healthcare decisions on your behalf, you are the principal, and the other person is the proxy.

You may also come across the term “Durable Health Care Power of Attorney.” Durable means the MPA becomes active as soon as it’s created and signed.

However, it’s important to note that this doesn’t mean that a proxy can start making decisions on your behalf at any time. Instead, it refers to the “contract” being effective immediately.

The principal (in this case, you) is always responsible for their own healthcare decisions until a medical physician deems otherwise.

Healthcare organizations and legal institutions recommend getting an MPA when you turn 18 years old, even if you don’t have an underlying health condition.

When you turn 18 years old, you gain the legal right to make your own medical decisions. At this point, parents or legal guardians no longer automatically have access to a child’s medical information or the ability to make medical decisions for them.

Life is unpredictable, and you can’t fully prevent medical emergencies, such as car accidents, stroke, or heart attack.

If you don’t have an MPA or another advanced directive in place, the people who care for you and the type of care you receive will be determined by the laws of the state in which you live.

This means that a family member, friend, or stranger can act on your behalf, and the decisions made for you may not reflect those you want.

Establishing an MPA when you gain the autonomy and legal rights to make your own healthcare decisions can help ensure your values and wishes are respected, even if you can’t speak for yourself.

The person you appoint as a healthcare proxy will often work closely with your healthcare team. Sometimes, they’ll have to make big decisions on your behalf, especially near the end of your life.

You’ll want to appoint an individual who understands your values and beliefs, and whom you can trust to make the decisions you would. Most people tend to choose a close relative, friend, neighbor, or lawyer they can trust.

When the MPA is created, both the principal and proxy must be of legal age and of “sound mind.” There’s no formal definition for sound mind, but it refers to a person who is communicative, attentive, and able to process the information at hand to make well-judged, informed decisions.

When you decide who to appoint as your proxy, it’s important to have many conversations with them about your values, beliefs, and the decisions you’d like them to make in possible end-of-life scenarios.

The American Bar Association (ABA) notes that a healthcare proxy cannot be:

  • a person under age 18 years
  • a medical professional who looks after your health, such as a primary care physician (or their spouse)
  • a person who works at or owns the facility in which you receive healthcare or live
  • a person who provides financial assistance for your healthcare
  • a person who is a healthcare proxy for 10 or more people

Ask yourself these questions

Before appointing someone as your healthcare proxy, the National Institute on Aging and the ABA recommend asking yourself the following questions:

  • Do I feel comfortable speaking with this person about my wishes, values, and priorities for my own healthcare?
  • Do they live near me, or will they need to travel to me?
  • Are they likely to be alive for a long time?
  • Do I trust them to honor my wishes and decisions, or will their beliefs get in the way?
  • Do I trust them with my life?
  • Can they listen to, understand, and manage different opinions from family, friends, and the healthcare team?

You’ll most likely speak with several people before finding the right individual for you.

Once you and your future proxy are ready to create an MPA, you’ll both have to fill out and sign an official form, usually titled “Durable Power of Attorney for Healthcare Decisions.” Depending on state laws, you may require a witness or a notary to sign the form.

These forms can be found on the websites of state health departments. Organizations like the National Alliance for Care at Home also have a database in which you can search for legal forms.

After completing the form, consider sharing it with the following people:

  • your healthcare proxy
  • your doctor and other people who provide healthcare
  • any relatives, friends, or neighbors
  • the healthcare center at school, if you go to school
  • your employer, if you’re currently employed

An MPA is a legal document that allows you to appoint another individual to make medical decisions for you when you’re not able to.

In most U.S. states, this person has to be at least 18 years old. In Nebraska and Alabama, they have to be at least 19 years old.

Creating an MPA is a way to protect yourself and to ensure you get the care you wish for, even if you cannot communicate.