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Powers of Attorney & Healthcare Directives

Powers of Attorney and Healthcare Directives

One key part of estate planning is making arrangements for unexpected situations in your lifetime–including being incapacitated and unable to convey your wishes or make decisions about your own affairs. Many people wait to make these arrangements until they fall ill and recognize that they’ll soon need this type of help. But, we don’t always get advance warning.

Someone who is seriously injured in a car accident, for example, may be unconscious and unable to communicate with physicians and other healthcare providers. A person who has been diagnosed with a condition that affects cognitive abilities, such as Alzheimer’s disease, may lack the legal capacity to grant power of attorney to a trusted friend or family member.

It’s best to be prepared and make these arrangements while you don’t need them.

Healthcare Planning

There are two key elements to planning for your healthcare: an advance healthcare directive and a medical power of attorney. These two documents may be described in different words in different states, but the core function of each is the same, and they are both important to ensuring that your wishes are carried out even if you aren’t able to communicate them.

Advance Healthcare Directive

An advance healthcare directive, sometimes known as a living will, is a document that tells your doctors and other medical providers how you want certain critical medical issues handled. A living will provides your medical team with instructions on how you want to handle extraordinary measures such as resuscitation and life support if you are terminally ill or seriously injured.

Depending on your state, you may be able to include other instructions, such as how you want pain management handled, whether you want to be discharged to home or moved to hospice if you are terminal, and even whether you want to donate your organs.

Of course, you can’t make every medical decision in advance, since you don’t know what injuries or illnesses you may face or what treatment options will be offered. So, an advance healthcare directive is generally accompanied by another document.

Healthcare Power of Attorney

A healthcare power of attorney, also known as a medical power of attorney or healthcare proxy, authorizes someone you trust to make medical decisions for you if you can’t make them yourself. That would include situations in which you were unconscious or otherwise unable to communicate, as well as if you had been diagnosed with dementia or were otherwise mentally incapacitated and were no longer able to make your own decisions.

Some people assume a healthcare power of attorney is unnecessary, since their closest relatives will be asked to make the decision if they are unable. But, the situation isn’t always so simple. For example, if your next of kin is in a distant state, you may want to designate a healthcare proxy who will be more readily available in a crisis.

If you have two or more relatives who are related to you in the same way–for instance, three adult children–disagreements about your care may cause family strife and delay treatment. It’s best to designate one person who will have the final say. One consideration in choosing that person may be their willingness to consider the views of others close to you, such as their siblings.

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Powers of Attorney

(POA)

The medical power of attorney discussed above is just one type of POA. The types of powers of attorney vary somewhat from state to state. Some states allow powers of attorney that take effect only upon a triggering event, while in others a POA is effective as soon as it is executed. Powers of attorney may be broad (usually described as a general power of attorney) or for a specific purpose.

Your estate planning lawyer can explain the options for a power of attorney in your state. The key purpose of a power of attorney in estate planning is to ensure that someone has the ability to manage your affairs if you become incapacitated. This may mean using your bank account to pay your mortgage and car payment while you are incapacitated, paying obligations like child support from your accounts, and filing your tax returns.

If your incapacity is long-term, the person holding your power of attorney may take care of larger matters, such as selling your home after you’ve moved into a long-term care facility.
It’s critical to choose the person who will hold your power of attorney carefully. That means not only selecting someone you trust, but also someone who has the knowledge and organizational skills necessary to manage your finances and other issues effectively.

Talk to an Estate Lawyer Right Now

The best time to make sure your interests are protected is right now. Whether you need specific documents, such as an advance healthcare directive and power of attorney, or you’re just getting started with your estate plan, an attorney knowledgeable about your state’s laws can be your best resource.

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