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The Daily Insight Hub

Is medical power of attorney the same as power of attorney?

Author

Jackson Reed

Updated on February 10, 2026

A power of attorney allows one person to give legal authority to another person to act on their behalf. A financial power of attorney authorizes an individual to make financial decisions, while a medical power of attorney allows for someone to make medical decisions.

Can you name an alternate power of attorney?

It’s a good idea to name someone to take over as your attorney-in-fact in case your first choice can’t serve or needs to resign. Nolo’s Durable Power of Attorney allows you to name up to two alternate attorneys-in-fact, officially called successors.

Can a medical power of attorney be challenged?

If the agent is acting improperly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal’s best interest, the court can revoke the power of attorney and appoint a guardian. The power of attorney ends at death.

What does alternate power of attorney mean?

An alternate or substitute attorney-in-fact steps in when the original attorney-in-fact is unable or unwilling to take on that role, for instance if they move or pass away. This person can begin acting immediately without the principal having to create a new Power of Attorney.

Is the oldest child power of attorney?

In some families, it may be obvious who the Power of Attorney role should go to. It may be the oldest child, or it may be the child who lives closest, has a business mind, and understands the intimate details of the lives of the parents. There are also states where an individual can be named POA in certain areas.

What is the best power of attorney to have?

A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person’s freedom to handle your assets and manage your care. A limited power of attorney restricts the agent’s power to particular assets.

Do you have to name an alternate attorney in fact?

Your alternates should be every bit as trustworthy and competent. If you don’t know anyone you trust well enough to name as a first or second alternate, skip the matter altogether. Someone who is asked to serve as an alternate attorney-in-fact may be worried about possible liability for the acts of the original attorney-in-fact.

When do you need an alternative healthcare attorney?

Usually, at least one alternative healthcare attorney-in-fact is named, to make decisions in the event the primary attorney-in-fact becomes unavailable, or is unable to fill the position for any reason.

Can a medical power of attorney be the same person?

However, it is possible for the medical power of attorney and the financial power of attorney to be the same person. Selecting a different person for your financial power of attorney and your medical power of attorney may help you choose the best person for each job.

Can a power of attorney be used as an alternate attorney?

Someone who is asked to serve as an alternate attorney-in-fact may be worried about possible liability for the acts of the original attorney-in-fact. To protect against this, your power of attorney will state that a successor attorney-in-fact is not liable for any acts of a prior attorney-in-fact.