It is healthy to think about future assurances and take preemptive steps. A power of attorney and a health care proxy are legal documents that an individual can sign, giving someone else the authority to conduct matters on their behalf.
It’s a standard practice, especially in cases when you are unable to make your decisions on your own or when you are not available to sign your documents or make decisions. Both documents are important if you need complete assurance of your health and business, but it is important to understand the difference between them.
Difference Between a Health Care Proxy and Power of Attorney
What is a Health Care Proxy?
Imagine you get sick or medically incapacitated in a way that has you incapable to make medical decisions for yourself. What do you do? Who makes decisions on your behalf?
A health care proxy is a legal document that you can sign that allows a person of your trust to assume the power of making health care decisions for you in the unfortunate event of your sickness. In simple terms, you give someone else the authority to make medical decisions for you if ever you are in a position where you can’t make those decisions by yourself. A health care proxy gets activated as soon as your doctor renders you unsuitable to make your own health care decisions due to medical or psychological reasons.
Steps to Get a Health Care Proxy (Medical POA) in the UAE
Step 1: Identify the person you trust to make decisions for your medical concerns.
Step 2: Draft a specific Medical Power of Attorney outlining healthcare powers.
Step 3: Include clear instructions for medical treatments and end-of-life care.
Step 4: Translate the document into Arabic if needed.
Step 5: Notarize the document at a UAE Notary Public.
Step 6: Share copies with healthcare providers and your chosen proxy.
What is a Power of Attorney?
Imagine that you have a business deal somewhere and you can’t make it on time, or you become incapacitated to decide on your legal or financial matters. What happens now?
A power of attorney or POA is a legal document that allows you to appoint someone to attend to your financial or legal matters in your stead. A POA is sought for numerous reasons, but primarily it is due to the unavailability to tend to matters yourself. The activation of a POA can be immediate or contingent upon certain conditions, as specified in the document. Decisions and signatures made by the person holding the power of attorney have the same legal authority as you making those decisions or signatures.
Types of a POA
- General Power of Attorney: This type gives a broad authority over various matters.
- Limited Power of Attorney: The authority is restricted to specific tasks or timeframes.
- Durable Power of Attorney: Remains effective even if the principal becomes incapacitated.
- Springing Power of Attorney: Becomes effective upon a specified event, such as incapacitation.
Steps to Get a Power of Attorney in the UAE
Step 1: Decide the type and scope needed (general, special, medical, etc.).
Step 2: Draft the document specifying powers and responsibilities.
Step 3: Translate the document into the Arabic language.
Step 4: Visit a UAE Notary Public with a valid ID and supporting documents.
Step 5: Sign the document in front of the Notary.
Step 6: After official registration, you can collect notarized copies for use.
Key Differences: Health Care Proxy vs Power of Attorney
| Aspect | Health Care Proxy | Power of Attorney (POA) |
|---|---|---|
| Primary Purpose | Appoints someone for healthcare decisions. | Authorizes someone for financial, legal, estate plan or other tasks. |
| Scope of Authority | Only healthcare decisions. | Financial, legal, property, and sometimes medical matters. |
| Activation | Activated when you become medically incapacitated. | Can be active immediately or upon a specific event. |
| Duration | Until recovery or death. | Depends on type; can continue after incapacitation. |
| Legal Recognition in UAE | No specific law, but possible through Medical attorney. | Fully recognized; requires notarization and registration. |
| Language Requirements | Arabic or certified Arabic translation needed. | Arabic or certified Arabic translation needed. |
| Notarization | Required for validity. | Required for validity. |
| Revocation Process | Revoke through a written document and notification. | Revoke through a written document and registration. |
| Ideal Use Cases | Planning for future medical decisions. | Managing finances, property, or legal matters. |
| Cultural Considerations in UAE | Should respect Islamic and local values. | Must comply with UAE financial and legal rules. |
Choosing the Agent for a Health Care Proxy and Power of Attorney
The need for an attorney or health proxy arises in delicate times. That is why it is important to choose a trustworthy and competent agent who is authorized to conduct decision-making on your behalf. Here are some tips that you have to take into account while choosing the right agent:
- Pick someone you fully trust.
- Choose a person who knows your values and beliefs.
- Make sure they can handle pressure in tough situations.
- Check if they are willing to follow your wishes, not their own.
- Choose someone who communicates clearly with doctors or officials.
- Make sure they are available when needed.
- Pick someone who is responsible and organized.
- Choose a person who can make quick and wise decisions.
- Make sure they respect cultural and family values.
- Confirm they are comfortable handling legal or medical matters if needed.
Frequently Asked Questions (FAQs)
1. What is a healthcare proxy and why is it important?
A healthcare representative is a formal document hiring someone to make healthcare decisions on your behalf if you cannot do so.
2. How is a proxy vs power of attorney different?
A proxy handles only healthcare choices, while a power of attorney can manage financial, legal, and property matters too.
3. What’s the difference between a health care proxy vs durable power of attorney?
A health care representative is for medical care decisions only, while a durable power of attorney remains in effect even during incapacitation and covers financial matters.
4. Can the person I appoint in a healthcare proxy also handle my money?
No, unless you also create a separate document giving them financial authority, like a financial power of attorney.
5. What should I know about health care proxies and powers before choosing someone?
Choose someone who understands your wishes and can make decisions about your medical care calmly under pressure.
6. How does a springing power of attorney work?
A springing power of attorney only takes effect when a certain event happens, like when you become unable to make decisions.
7. Is a health care directive the same as a healthcare representative?
No, a health care directive often includes instructions about end-of-life care, while a proxy appoints someone to make decisions.
8. What powers does a proxy give to the care agent?
The proxy gives the care agent the authority to make health-care decisions on your behalf according to your wishes.
9. How are different types of powers of attorney used in the UAE?
Different types of powers of attorney can manage financial, business, medical, or limited tasks based on what you need.
10. When does a medical power of attorney take effect?
A medical power of attorney usually takes effect when a doctor declares your inability to make your own decisions.
