The Importance of Grandparents Having Medical Power of Attorney for Their Grandchildren

As a grandparent, you love your grandkids and want to be there for them in every way possible. Whether they need a ride to school, a shoulder to cry on, or a trip to the doctor, you are always there to help. But do you need a medical power of attorney to take your grandkids to the doctor?

In general, if the grandparents are taking their grandkids to the doctor for routine visits and their parents are available and able to make decisions about the kids’ medical care, a medical power of attorney is unnecessary.

However, suppose the parents are unavailable or unable to make decisions about the kids’ medical care. In that case, it would be a good idea for the grandparents to have a medical power of attorney in place, so they can make decisions about the kids’ medical care if needed.

What is a Medical Power of Attorney for Grandparents?

A medical power of attorney for grandparents is a legal document that gives a grandparent the authority to make medical decisions on behalf of the grandchildren if the parents cannot do so. 

The parents may be unable to make a medical decision for several reasons, including being out of town or on vacation, incapacitated, or simply being unavailable.

The primary role of a medical power of attorney is to give a grandparent the authority to make medical decisions on behalf of their grandchildren. This can be especially important for grandparents who may be called upon to take their grandkids to the doctor.

Having a power of attorney will allow a grandparent to make medical decisions, including what treatments to receive, what medications to take, and whether to undergo surgery.

What Does a Medical Power of Attorney Allow a Granparent to Do?

A medical power of attorney is a legally binding document that gives the grandparent the authority to make medical decisions on the grandchild’s behalf. This includes things like:

  • Choosing a healthcare provider
  • Deciding what treatments to receive
  • Deciding what medications to take
  • Deciding whether to undergo surgery
  • Making end-of-life decisions

The person designated in a medical power of attorney should be someone you trust to make decisions in your best interest. They should also be familiar with your values and beliefs, as they will be making decisions that reflect your wishes.

How to Obtain a Medical Power of Attorney for Your Grandchildren?

The best way for a grandparent to obtain a medical power of attorney for their grandchildren is to follow these steps:

  1. Obtain consent from the parents: You will need to consult with the parents before obtaining a power of attorney. You will need their permission before getting a medical power of attorney for their kids.
  2. Please consult with an attorney: I would recommend you consult with a local attorney who is knowledgeable about healthcare power of attorney laws in your state. They can guide you through the process and ensure that the document you create is legally valid.
  3. Complete the necessary forms: The attorney can help you complete the papers for a medical power of attorney. This document will specify the grandparent’s authority to make medical decisions on behalf of the grandkids.
  4. Have the forms signed: The documents will need to be signed by both the grandparent and the parent (if available and able to do so).
  5. Make copies: Be sure to make several copies of the completed documents and keep one with you at all times. You should also provide a copy to the parents, the grandkids’ doctor, and other relevant parties.

Are There Free Medical Power of Attorney Forms Online? 

Yes, free power of attorney for medical care forms are available online. Some websites, such as US Legal Forms (https://www.uslegalforms.com/) and LawDepot (https://www.lawdepot.com/), provide free power of attorney for medical care forms that you can use. 

However, I recommend that an attorney review any legal document before using it to ensure it meets your specific needs and is legally valid in your state.

What Are The Benefits of Having a Medical Power of Attorney for Your Grandchildren?

There are several benefits to having a temporary medical power of attorney for your grandkids, including:

  • Peace of mind knowing that you can make medical decisions for your grandkids if their parents are unavailable.
  • The ability to make decisions about treatments and medical care for your grandkids ensures they receive the necessary care.
  • A way to provide continuity of care for your grandkids, even in a medical emergency or other crisis.

What are The Responsibilities of a Grandparent With a Medical Power of Attorney for Their Grandchild?

A grandparent with a medical power of attorney for their grandchild has the responsibility to make decisions regarding the child’s medical care if the child’s parents cannot do so. This includes:

  1. Consent to or refuse medical treatment on behalf of the grandchild.
  2. Obtain and review the grandchild’s medical records.
  3. Choose a doctor or healthcare provider for the grandchild.
  4. Decide on the type and course of medical treatment for the grandchild.
  5. Make decisions about life support and end-of-life care for the grandchild.

Frequently Asked Questions:

Can a medical power of attorney be revoked?

Yes, a medical power of attorney can be revoked at any time as long as the person canceling it is of sound mind and has the mental capacity to do so. This can be done by destroying the original or creating a new document that revokes the original.

Do I need a lawyer to create a medical power of attorney?

While you do not necessarily need a lawyer to create a medical power of attorney, I recommend it. An attorney can help ensure that the document is legally binding and can answer any questions you may have.

What legal requirements must be met for a grandparent to obtain a medical power of attorney for their grandchild?

The legal requirements for a grandparent to obtain a medical power of attorney for their grandchild can vary by state, but some standard requirements include the following:

  1. The grandparent must be a legal resident of the state where the power of attorney is executed.
  2. The grandchild must be a minor or otherwise legally incapacitated.
  3. The grandchild’s parents must consent to the grandparent having medical power of attorney unless the parents are unable or unfit to make medical decisions for the child.
  4. The medical power of attorney must be in writing and signed by the grandparent and any necessary witnesses.
  5. The medical power of attorney must be notarized to be legally valid.

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Tim

Tim McDuffey is a practicing attorney in the State of Missouri. Tim is a licensed member of the Missouri Bar and Missouri Bar Association.

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