Medical Power of Attorney (Nigeria)
MEDICAL POWER OF ATTORNEY (ENDURING)
Powers of Attorney Act (Cap P15, LFN 2004) | National Health Act 2014 (Section 23) | Oaths Act (Cap O1, LFN 2004)
THIS MEDICAL POWER OF ATTORNEY is made on [Execution Date] by:
[Donor Name], born [Donor DOB], of [Donor Address], NIN: [Donor NIN] (hereinafter referred to as the "Donor").
1. APPOINTMENT OF HEALTHCARE PROXY
1.1 I, [Donor Name], hereby appoint [Primary Attorney Name] ([Primary Attorney Relationship]), of [Primary Attorney Address], as my primary Healthcare Proxy (Attorney) to make medical treatment decisions on my behalf.
1.2 If my primary Healthcare Proxy is unable or unwilling to act, I appoint [Alternate Attorney Name] ([Alternate Attorney Relationship]), of [Alternate Attorney Address], as my alternate Healthcare Proxy.
2. ACTIVATION
2.1 Activation: [Activation Trigger]
2.2 Incapacity shall be determined as follows: [Incapacity Certification]
2.3 This power of attorney is intended to be an ENDURING power of attorney and shall remain effective notwithstanding any subsequent mental incapacity of the Donor.
3. SCOPE OF AUTHORITY
3.1 My Healthcare Proxy is authorised to make the following medical decisions on my behalf: [Scope of Authority]
3.2 Specific instructions and restrictions: [Specific Instructions]
3.3 My Healthcare Proxy shall act in accordance with my known wishes and values, and in my best interests where my wishes are not known, as guided by the National Health Act 2014 and the MDCN Code of Medical Ethics.
4. REVOCATION
4.1 I reserve the right to revoke this Medical Power of Attorney at any time while I retain mental capacity, by written notice to my Healthcare Proxy and to any healthcare provider holding a copy of this document.
5. EXECUTION
Executed as a deed by [Donor Name] on [Execution Date] in the presence of two independent witnesses.
Donor (Principal)
________________
Signature
Witness 1
________________
Signature
Witness 2
________________
Signature
Commissioner for Oaths / Notary Public
________________
Signature
What Is a Medical Power of Attorney (Nigeria)?
A Medical Power of Attorney in Nigeria authorises a named agent to make decisions and sign documents for the principal within the powers it specifies.
The legal framework for medical powers of attorney in Nigeria draws from several sources. The Powers of Attorney Act (Cap P15, Laws of the Federation of Nigeria 2004) governs the creation and operation of powers of attorney in Nigeria generally. An ordinary power of attorney lapses when the donor becomes mentally incapacitated, but an enduring or durable power of attorney — drafted to survive incapacity — remains effective. The National Health Act 2014, Section 23, recognises the right of an authorised person to consent to treatment on behalf of an incapacitated patient, which a medical power of attorney documents.
State laws further shape the legal environment. The Mental Health Law of Lagos State (Cap M12, Lagos State Laws) and equivalent laws in other states govern the treatment of persons with mental incapacity and recognise advance healthcare decision-making instruments. The Oaths Act (Cap O1, LFN 2004) governs the execution of affidavits and declarations, and a Medical Power of Attorney should be executed under seal with witnesses and, preferably, before a Commissioner for Oaths or Notary Public to strengthen its evidentiary weight.
Nigerian courts — including the Lagos State High Court and the Federal High Court — have not extensively litigated medical power of attorney cases, but the constitutional right to personal liberty under Section 35 and the right to dignity under Section 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) support the enforceability of advance healthcare decision-making instruments. Healthcare providers, particularly in tertiary hospitals such as Lagos University Teaching Hospital (LUTH), University of Nigeria Teaching Hospital (UNTH) Enugu, and Aminu Kano Teaching Hospital, increasingly accept medical powers of attorney as authoritative healthcare proxy instruments.
The Medical Power of Attorney (Nigeria) draws on personal-decision and healthcare law rather than commercial statutes. The Powers of Attorney Act (Cap P15, LFN 2004) governs the creation of the power and permits an enduring power that survives the donor's incapacity, while Section 23 of the National Health Act 2014 recognises consent to treatment by an authorised person on behalf of an incapacitated patient. The Mental Health Act 2021 and state Mental Health Laws govern decisions for persons lacking capacity, and the Oaths Act (Cap O1, LFN 2004) governs execution before a Commissioner for Oaths. A donor executing this power should confirm it reflects current law and is properly witnessed. The Powers of Attorney Act (Cap P15, LFN 2004) sets the foundational requirements.
When Do You Need a Medical Power of Attorney (Nigeria)?
A Medical Power of Attorney in Nigeria is needed whenever an adult wishes to plan for the possibility of future medical incapacity by designating a trusted person to make healthcare decisions on their behalf.
A Medical Power of Attorney is required when an adult faces a scheduled major surgery — such as cardiac surgery, organ transplantation, or neurosurgery — and wishes to designate a family member or trusted friend as their healthcare proxy in case complications render them temporarily unable to make decisions during or after the procedure.
A Medical Power of Attorney is needed when an elderly person — particularly one with a history of stroke, dementia, or other progressive neurological conditions — wishes to appoint a healthcare proxy before they lose capacity to do so. Under the National Health Act 2014, an incapacitated patient's next of kin may act in their best interests, but a formal Medical Power of Attorney provides clearer legal authority.
A Medical Power of Attorney is required when a person has specific medical treatment preferences — such as refusal of certain blood products, preference for palliative care over aggressive intervention, or religious objections to particular treatments — and wants to confirm those preferences are communicated and honoured even when they cannot speak for themselves.
A Medical Power of Attorney is needed as part of a thorough estate plan alongside a Last Will and Testament, an Advance Directive (Living Will), and a Do Not Resuscitate (DNR) order, giving healthcare providers clear guidance on treatment preferences and a clearly identified decision-maker.
A Medical Power of Attorney is required when a Nigerian expatriate or dual national travelling or residing abroad wants to confirm that a trusted person in Nigeria can make healthcare decisions on their behalf if they return to Nigeria incapacitated.
A donor in Nigeria should execute a Medical Power of Attorney while still competent rather than waiting until incapacity removes the chance to choose a proxy. Healthcare providers and the courts give effect to the written authority rather than the assumptions of relatives. The Powers of Attorney Act (Cap P15, LFN 2004) permits an enduring power that survives incapacity, Section 23 of the National Health Act 2014 recognises consent by an authorised person, and execution before a Commissioner for Oaths under the Oaths Act (Cap O1, LFN 2004) strengthens the document's standing before hospitals and the State High Court.
What to Include in Your Medical Power of Attorney (Nigeria)
A valid Nigeria Medical Power of Attorney must contain the following essential elements.
Donor Details: Full legal name, date of birth, address, and National Identification Number (NIN) of the donor (principal). The donor must be a competent adult at the time of execution.
Attorney (Healthcare Proxy) Details: Full name, address, relationship to the donor, and contact details of the appointed attorney. An alternate attorney should also be named in case the primary attorney is unavailable or unwilling to act.
Scope of Authority: A clear description of the medical decisions the attorney is authorised to make, including consent to or refusal of specific treatments, surgery, medication, hospitalisation, and discharge decisions. The scope should be as broad as the donor intends, typically covering all healthcare decisions when the donor lacks capacity.
Trigger for Activation: The conditions under which the attorney's authority is activated — typically confirmed incapacity of the donor as certified by two registered medical practitioners licensed by the Medical and Dental Council of Nigeria (MDCN). The document should state whether the attorney's authority is only activated upon incapacity (springing power) or is immediately effective.
Specific Treatment Instructions: Any specific instructions from the donor regarding treatment preferences — including acceptance or refusal of blood transfusion, artificial nutrition, resuscitation, or palliative care. These instructions bind the attorney.
Durability Clause: A statement that the power of attorney is intended to survive the donor's subsequent mental incapacity, making it an enduring power of attorney under applicable Nigerian law.
Execution Formalities: Signature of the donor before two witnesses and, preferably, before a Commissioner for Oaths or Notary Public under the Oaths Act (Cap O1, LFN 2004). For the document to be registered at a state land registry or used in court as a formal instrument, it should be duly stamped under the Stamp Duties Act (Cap S8, LFN 2004).
Additional compliance elements for a Medical Power of Attorney (Nigeria) include drafting the power as enduring under the Powers of Attorney Act (Cap P15, LFN 2004) so that it survives incapacity, alignment with the consent provisions of Section 23 of the National Health Act 2014, and execution before a Commissioner for Oaths under the Oaths Act (Cap O1, LFN 2004). Forms-legal.com provides this template as a starting point for Nigeria-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Medical Power of Attorney (Nigeria) (Nigeria) [Legal document template]. Forms Legal. https://forms-legal.com/nigeria/estate-planning/power-of-attorney/medical-power-of-attorney-nigeria
"Medical Power of Attorney (Nigeria) (Nigeria)." Forms Legal, 2026, https://forms-legal.com/nigeria/estate-planning/power-of-attorney/medical-power-of-attorney-nigeria.
@misc{formslegal-medical-power-of-attorney-nigeria,
author = {{Forms Legal}},
title = {Medical Power of Attorney (Nigeria) (Nigeria)},
year = {2026},
howpublished = {\url{https://forms-legal.com/nigeria/estate-planning/power-of-attorney/medical-power-of-attorney-nigeria}},
note = {Free legal document template. Based on Powers of Attorney Act (Cap. P20, LFN 2004)}
}Also available for these jurisdictions:
Frequently Asked Questions
A Medical Power of Attorney is legally valid in Nigeria, though its enforceability depends on how it is drafted and executed. The Powers of Attorney Act (Cap P15, LFN 2004) governs powers of attorney generally and permits the creation of enduring (durable) powers of attorney that survive the donor's subsequent incapacity. The National Health Act 2014, Section 23, recognises the right of an authorised person to consent to healthcare on behalf of an incapacitated patient. A Medical Power of Attorney executed with two witnesses before a Commissioner for Oaths or Notary Public, and potentially registered as a deed, carries strong evidentiary weight before Nigerian courts and healthcare providers. To maximise enforceability, the document should be executed under seal, witnessed, and possibly notarised. Copies should be provided to the appointed healthcare proxy, the donor's primary physician, and any hospital where the donor regularly receives treatment.
A Medical Power of Attorney and an Advance Directive (Living Will) are complementary but distinct documents in Nigeria. A Medical Power of Attorney appoints a specific person (the healthcare proxy) to make medical decisions on the donor's behalf when the donor lacks capacity — the proxy exercises judgment based on the donor's known wishes and best interests. An Advance Directive (also called a Living Will or Advance Directive for Healthcare) contains the donor's specific instructions about medical treatment preferences — such as whether to commence or withdraw life support, cardiopulmonary resuscitation (CPR), or artificial nutrition — and operates without requiring a proxy decision-maker. The National Health Act 2014 implicitly recognises advance healthcare planning, and Section 23 supports respecting a patient's previously expressed wishes. The most detailed approach is to execute both documents together: a Medical Power of Attorney naming a proxy for decisions not covered by the advance directive, and an Advance Directive specifying treatment preferences in particular scenarios.
A Medical Power of Attorney can be revoked at any time by the donor while the donor has mental capacity, under the Powers of Attorney Act (Cap P15, LFN 2004). Revocation must be communicated in writing to the attorney (healthcare proxy) and to any healthcare provider holding a copy of the document. A signed and dated revocation notice, ideally witnessed and notarised, is the most reliable method of revocation. The revocation should also be registered if the original power of attorney was registered. An ordinary (non-enduring) power of attorney is automatically revoked when the donor loses mental capacity. An enduring power of attorney continues in force despite incapacity — only a court can revoke an enduring power of attorney once the donor is incapacitated. The High Court of the relevant state has jurisdiction to revoke or vary a Medical Power of Attorney on the application of any interested party, including the donor's family members, under the inherent jurisdiction of the court.
A Medical Power of Attorney in Nigeria should be witnessed and, for strongest legal effect, executed before a Commissioner for Oaths or Notary Public. Under the Powers of Attorney Act (Cap P15, LFN 2004) and general Nigerian law, a power of attorney conferring authority over personal or medical decisions requires the donor's signature and at least two independent adult witnesses who are not the appointed attorney or a beneficiary. Execution before a Commissioner for Oaths (appointed under the Commissioners for Oaths Act, Cap C20, LFN 2004) or a Notary Public (admitted under the Notaries Public Act, Cap N128, LFN 2004) adds evidentiary weight and makes the document self-proving in evidence before Nigerian courts under Section 93 of the Evidence Act 2011. Registration as a deed at the relevant state land registry, while not strictly required for a medical power of attorney, further strengthens enforceability and provides public notice.
A Medical Power of Attorney (Nigeria) does not legally require a lawyer, though legal advice is recommended for documents granting authority over serious medical decisions. The power is created under the Powers of Attorney Act (Cap P15, LFN 2004), which permits an enduring power that survives the donor's incapacity, and Section 23 of the National Health Act 2014 recognises consent to treatment by an authorised person on behalf of an incapacitated patient. For strongest effect the document should be signed before two independent witnesses and executed before a Commissioner for Oaths or Notary Public under the Oaths Act (Cap O1, LFN 2004), and copies given to the healthcare proxy, the donor's physician, and any hospital where the donor receives care. Forms-legal.com provides this template as a starting point — a Nigerian lawyer can confirm it suits the donor's circumstances.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Enduring Power of Attorney (Nigeria)
A Nigeria Enduring Power of Attorney that survives the donor's mental incapacity, governed by the Powers of Attorney Act Cap P16 LFN 2004 and the Land Use Act 1978. Enables an attorney to manage property, financial affairs, and business interests. Requires registration with the Land Registry for land transactions.
Advance Directive / Do Not Resuscitate Order (Nigeria)
An Advance Directive and Do Not Resuscitate (DNR) declaration for Nigeria, expressing a person's medical treatment wishes and CPR preferences. Governed by the National Health Act 2014 and the medical ethics framework of the Medical and Dental Council of Nigeria (MDCN).
Medical Consent Form (Adult) (Nigeria)
An informed consent form for medical treatment, procedures, or surgery for adult patients in Nigeria. Compliant with the Medical and Dental Practitioners Act (Cap M8, LFN 2004), the National Health Act 2014 (Section 23), and the guidelines of the Medical and Dental Council of Nigeria (MDCN).