Healthcare Power of Attorney

Similar to a living will, a health care power of attorney addresses healthcare issues. Think of the living will as a "message;" the healthcare power of attorney appoints a "messenger." The healthcare power of attorney is similar to the financial power of attorney. However, the healthcare power of attorney appoints someone to make healthcare decisions, not financial decisions, for you if you are unable to do so. 

A healthcare power of attorney is a legal instrument by which you authorize another person to make medical care decisions on your behalf (called a health care agent). Your health care agent will have the authority to make decisions about your health care when you are not able to do so because of illness or incapacitation. You can also appoint alternate health care agents should your first choice be unable or unavailable to act on your behalf.

A health care power of attorney only becomes effective after a licensed physician or mental health care provider determines that you are unable to make or communicate these decisions for yourself. It is important to understand that a health care power of attorney is not just applicable at the end of life, but whenever you are unable to make your own health care decisions.

A health care power of attorney gives someone the authority to make a broad range of health care decisions including, but not limited to:

Consent to the withholding or withdrawing of life-prolonging measures

Consent to initiate life-prolonging measures

Consent to admission to or discharge from a facility or hospital

Making mental health treatment decisions

Reviewing your medical information or records

Choosing providers

Consent to administration of medications

Donation of organs upon death

Authorize an autopsy

You do have the right to specifically limit the scope of your health care agent’s powers, including instructions to refuse certain kinds of treatment. You can also have both a living will and a health care power of attorney.

With regard to end-of-life care, you can have the health care power of attorney direct your health care agent to make decisions consistent with the wishes stated in the living will.

Health care directives made in advance are the best way to make sure your future medical decisions truly reflect your values and preferences. You should not assume that your loved ones will be able to agree on the best course of action should you become incapacitated.

A health care power of attorney can help prevent disputes among family members by making it clear who you want making medical decisions on your behalf.

The person you choose to be your health care agent should be someone you trust, knows you well, and is emotionally capable of carrying out your wishes. Regardless of who you decide to be your health care agent, it is in your best interest to have a conversation with your loved ones about your goals and wishes for your future health care.

It's Decision Time:

Don't leave the important decision about what will happen to your assets and those you care about in your absence to a process that you have no control over. 

Take Control, Plan ahead.  

Call Arthur Shealy, Attorney at Law TODAY to request a Free Consultation.