An often overlooked part of your estate plan is your Healthcare Power of Attorney (sometimes referred to as a Healthcare Directive). Even though you may be focused on your will or trust, your powers of attorney are important to make sure that if you are unable to make decisions for yourself, the right people are in place to assist you.
As you know, it's important to make informed and timely medical decisions when someone is ill. For you, it's even more important to make sure that if you are unable to make decisions for yourself, that you have a Healthcare Power of Attorney in place to direct your medical providers to the right person to make decisions for you. This document ensures that your healthcare preferences are respected even when you cannot articulate them yourself.
What is a Healthcare Power of Attorney
A Healthcare Power of Attorney, sometimes referred to as a Healthcare Directive, is a legal document that grants a designated person the authority to make healthcare decisions on your behalf if you become incapacitated. This person, known as the healthcare agent or proxy, is empowered to make a wide range of medical decisions, from choosing treatment options to deciding on life-sustaining measures.
Why is a Healthcare Power of Attorney Important?
There can be many different reasons why you should have a Healthcare Power of Attorney, and choosing the right reasons (and the right person) is often best done with the assistance of an estate planning attorney. Some common reasons I recommend them to my clients:
- Ensures Personal Autonomy
It ensures that your medical preferences are honored even when you cannot express them. This document is vital in maintaining personal autonomy over your healthcare choices.
- Prevents Family Disputes
Without a clear directive, family members may disagree on the best course of action, leading to emotional stress and potential conflicts. Having a Healthcare Power of Attorney reduces this risk by clearly defining who has the authority to make decisions, thus streamlining the decision-making process.
- Facilitates Timely Decision-Making
Medical emergencies require swift decisions. Having a Healthcare Power of Attorney ensures that your appointed agent can quickly step in and make necessary decisions without the delays of seeking court approval or clarifying authority.
- Avoids Legal Complications
In the absence of a written document, healthcare providers may hesitate to act without clear instructions, leading to legal complications and delays in care. Your Healthcare Power of Attorney provides the legal clarity needed for healthcare providers to proceed confidently.
- Comprehensive Care Planning
This document is just one document in your broader estate plan that includes living wills and other directives. This holistic approach of having a complete plan with the right documents ensures all aspects of an individual’s healthcare preferences are documented and respected.
How to Choose a Healthcare Agent
This is often one of the first questions I get asked and it's important to consider who should be acting as your healthcare agent. Some common recommendations I have are:
- Trust and Reliability ~ The agent should be someone you trust implicitly, and who will respect and adhere to your healthcare wishes.
- Proximity and Availability ~ Ideally, the agent should be someone who can be readily available in case of an emergency.
- Understanding of Your Values ~ The agent should be well-informed about your medical preferences, values, and beliefs to make decisions aligned with your desires.
How to Create a Healthcare Power of Attorney
It's a pretty straightforward process to create a Healthcare Power of Attorney:
- Speak to Your Estate Planning Lawyer (While forms are available online, consulting with an attorney ensures the document is tailored to your specific needs and complies with state laws).
- Communicate with Your Agent (Discuss your healthcare preferences with the appointed agent to ensure they understand your wishes and are comfortable with the responsibilities).
- Update Periodically (Review and update your documents regularly to reflect any changes in your health condition or personal preferences).
A Healthcare Power of Attorney is a crucial component of healthcare planning, offering peace of mind that your medical decisions will be handled according to your wishes, even when you cannot communicate them. By appointing a trusted agent and clearly documenting your preferences, you safeguard your autonomy, reduce potential conflicts, and ensure timely, appropriate medical care.
Do You Need an Estate Plan?
If you need an estate plan or just some updates to the plan you've already created, let's schedule a Legal Strategy Session online or by calling my Edina, Minnesota office at (612) 294-6982 or my New York City office at (646) 847-3560. My office will be happy to find a convenient time for us to have a phone call to review the best options and next steps for you to work with an estate planning attorney to get your plan prepared and implemented.
