Caregivers

Medical power of attorney — documents to keep with the health record

The advance directive tells doctors what your parent wants. The healthcare power of attorney tells them who decides when your parent can't. The HIPAA authorization lets you access records. These documents are useless in a safe-deposit box at 2 AM — they need to be findable, shareable, and stored alongside the health record they govern.

In short

Three core documents: healthcare power of attorney (or healthcare proxy), advance directive (living will), and HIPAA authorization form.
Every provider your parent sees should have copies on file — and you should carry copies accessible at any hour.
Family Stork stores these documents alongside the health record — the person with access to the timeline has access to the legal documents too.

Which documents should be stored with the health record?

Healthcare power of attorney (healthcare proxy)

This document names one person (the "agent" or "proxy") to make medical decisions when your parent can no longer make them independently. The name varies by state — "healthcare proxy" in New York, "medical power of attorney" in Texas, "advance health care directive" in California (which combines this with the living will). Whatever it's called, it's the document that gives you the legal authority to say "yes" or "no" on your parent's behalf.

Every hospital and every doctor your parent sees should have a copy on file. Bring it to the first visit with any new provider and ask them to scan it into their system.

Advance directive (living will)

This document records your parent's wishes about specific medical interventions: CPR, mechanical ventilation, feeding tubes, comfort care. It speaks for your parent when they cannot speak for themselves. It's different from the healthcare power of attorney — the directive states the wishes; the POA names the person who carries them out.

The ER will ask for this document during a serious hospitalization. If it's in a safe-deposit box, it might as well not exist. Keep copies where they can be reached at 2 AM.

HIPAA authorization form

This is the form your parent signs to allow specific people (you, your siblings) to receive their medical information from providers. Without it, doctors may legally refuse to share information with you — even if you're the healthcare POA. Some states allow the POA document itself to serve as HIPAA authorization; others require a separate form. Ask your parent's doctor which applies in your state.

DNR / POLST / MOLST (if applicable)

A Do Not Resuscitate order or a Physician Orders for Life-Sustaining Treatment (POLST, called MOLST in some states) is a medical order — not just a preference. It must be signed by a physician and is immediately actionable by paramedics. If your parent has one, the original should be posted visibly at home (fridge door, bedside) and copies should travel with them. Talk to your parent's doctor about whether a POLST is appropriate for their situation.

Where should these documents live?

The worst place for these documents is the single worst place for any critical document: "somewhere safe." A locked drawer that nobody can find at midnight. A folder at the attorney's office that's closed on weekends. A safe-deposit box at a bank that requires a key and a weekday visit.

With every provider. Ask each doctor's office and hospital to scan the documents into their system. When an ER admits your parent, they check their own records first.
With every sibling. Each family member involved in care should have copies — digital or paper. See the sibling sharing guide.
On the phone. A photo or PDF on your phone means you always have it. But phones lock, break, and die at bad moments — don't make this the only copy.
Alongside the health record. The legal documents govern the health record — they should live together. When a doctor pulls up the health timeline, the advance directive and POA should be right there.

With Family Stork, snap a photo of each document or upload the PDF. It stores alongside the health timeline — accessible to everyone with record access, always findable, never locked in a drawer.

Start your parent's record →

FAQ

Does the healthcare power of attorney need to be notarized?

Requirements vary by state. Some states require notarization, others require witnesses, and some accept either. Check your state's specific requirements. Many states provide free healthcare directive forms through their attorney general's office or department of health. Talk to your parent's doctor or an attorney about what's valid in your state.

Can I have more than one healthcare agent?

Most states allow you to name a primary agent and one or more alternates who step in if the primary is unavailable. Naming co-agents (two people who must agree) is generally discouraged because it creates decision deadlocks during emergencies. Talk to your parent's doctor about the best approach.

What if my parent doesn't have these documents yet?

Start the conversation now — before a crisis forces it. Many hospitals have social workers who can help. Some states offer free forms online. An elder law attorney can create a comprehensive set of documents tailored to your parent's situation and state. The important thing is to have something in place, even if it's not perfect. Talk to your parent's doctor about their wishes and how to document them.

Do these documents expire?

In most states, advance directives and healthcare powers of attorney do not expire, but they should be reviewed periodically — especially after a major health change, a move to a new state, or a change in the named agent. Some states require the POLST/MOLST to be reviewed annually. Check your state's rules.