What happens if you are incapacitated due to injury or illness and can’t make healthcare decisions? Who would make healthcare decisions for you? How would they know your preferences? You can address these concerns by having a power of attorney for healthcare. This post will explore what this document entails and what you need to know.
Having a Power of Attorney for Healthcare
Purpose and Scope
A healthcare power of attorney (HCPA) is a legal document authorizing someone to make medical decisions for you. It is to protect you if you cannot make decisions for yourself. The decision maker is typically known as an “agent” or “healthcare proxy.”
But why would you want or need such an arrangement?
Life is unpredictable, and accidents or sudden illnesses can leave you unable to communicate your healthcare preferences. This document ensures that someone you trust can step in and make decisions aligned with your values and wishes. It takes effect when you are deemed unable to make decisions, as determined by a medical professional.
Designation of an Agent
Choosing the right person as your healthcare proxy is crucial. This individual should understand your values, beliefs, and preferences regarding medical treatment.
Many wonder if more than one person can be designated as an agent. While laws vary by state, it’s generally allowed to name one primary agent and one or more alternate agents. This ensures a backup if the primary agent cannot fulfill the role.
Powers Granted to an Agent
The powers granted to your healthcare proxy can range from decisions about medication and surgery to choices about life-sustaining treatments. You must discuss your specific wishes and limitations with your chosen agent. Whoever it is, this person will be your voice in critical medical situations.
Durability of Healthcare Power of Attorney
While a general power of attorney becomes void upon the principal’s incapacitation, a durable HCPA remains valid. This ensures a seamless handover of medical decision-making authority when needed most.
Power of Attorney vs. Living Will
While both the HCPA and a living will involve healthcare decisions, they serve different purposes. An HCPA designates an agent to make decisions on your behalf. On the other hand, a living will outlines specific medical treatments you do or do not want. Both documents are often recommended to cover a range of healthcare concerns.
Frequently Asked Questions
1. What if you change your mind about your agent or your wishes?
You can update your HCPA anytime. Just inform those with a copy of your previous HCPA and write a new document.
2. What happens if you don’t have an HCPA?
Without an HCPA, the following individuals, in this order, can make your healthcare decisions in the event of incapacity:
- Court-appointed conservator or guardian
- Domestic partner or spouse
- Adult child
- Adult sibling
- Close friend
- Nearest living relative.
3. Can your agent make financial decisions for you?
No, your agent or healthcare proxy cannot handle your financial decisions. You would need to create a financial power of attorney for that.
Ready to take control of your healthcare decisions?
Having an HCPA can be crucial if you have a medical emergency. Make sure to carefully choose someone you trust to make decisions for you. You also need to communicate your wishes to that individual.
And don’t forget, different states have different rules. Consult an attorney for advice on which solutions work best for your needs.
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Looking for exceptional service and care for your loved one? We welcome you to our senior living communities, where the health and well-being of our residents are our top priority. Please contact Bethel Gardens Senior Living and we’ll answer any questions you may have.
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