Why Having a Durable Power of Attorney for Health Care Will Protect Your Wishes When You Need it Most.
What's a Power of Attorney
What would happen if you were suddenly incapacitated by an accident or illness?
Do you have a clear opinion on what procedures and (jdkf) you would allow, or not allow, in such a situation?
Does someone you trust know these wishes?
You might think they would be able to act on your behalf in this situation, especially if it is a family member. However, this is not always the case.
A durable power of attorney for health care is a much-needed legal document in today's world.
Many people think that having a living will ensures that their wishes are met concerning their health care and their desires regarding life support.
This is not true.
A living will only defines your requests concerning organ donation and life support systems. It is not a directive that must be followed by your doctors and other health care professionals.
If you want to make sure that the person of your choice has the power to make decisions for you if you become incapacitated or otherwise unable to do so, then you must draft a durable power of attorney for health care naming the person of your choice to be your attorney-in-fact.
If you have a loved one who is ill and becoming unable to make decisions, you should speak with them about drafting a durable power of attorney for health care. Unlike a living will, the durable power of attorney for health care legally requires doctors and other health care professionals to follow its directives.
“Do I lose control by appointing an agent?
You can write your living will and your durable power of attorney to include specific limitations about anything you want to have done or want to avoid having done. You can express your wishes about whatever you care most about. You can terminate your health care power of attorney at any time by notifying your agent and health care provider. You can terminate the power of attorney verbally but it is best to do so in writing and to destroy the original document.? – Kansas Bar Association, 2008, www.ksbar.org
One reason that a durable power of attorney for health care is so necessary today is due in large part to health care laws.
In 1996, the U.S. government passed privacy laws concerning health care information and its accessibility. Since then, patients have been asked to sign consent forms for each of their health care providers giving them permission to view their medical information. A similar consent would be needed in order for a loved one to have access to the same information.
Without a durable power of attorney for health care you, as the attorney-in-fact, would you not to be able to get the necessary health care information that would allow you to make informed decisions on behalf of your loved one. If you are not the spouse of the person in question you would not be able to direct their doctors on how they should proceed and what the patient would want.
“How do I make a living will and durable power of attorney for health care?
The legislature has adopted statutory forms for both the living will and the durable power of attorney. Those forms are included in this pamphlet. In addition, a lawyer can draft a document which specifically incorporates your wishes and may be more detailed. Take time to consider all the possibilities and seek competent advice so the documents you develop meet your special needs.
Once I have the documents what do I do?
Even as you draft the documents you should talk about your values and wishes with your physician(s), anyone you will appoint as an agent or alternate agent, and those who are close to you. You should give a copy of the documents to all of your physicians, your agent under the durable power of attorney, and your family or friends. If you retain the originals tell someone where the papers can be found. Place the originals in a secure place where someone can access without court intervention.? – Kansas Bar Association, 2008, www.ksbar.org
There are some websites that have very generic forms that claim to work as a durable power of attorney for health care. This may or may not be true. Keep in mind that most legal documents are not considered executed, and therefore effective, until they have been notarized.
Please consult a licensed attorney to help you draft a durable power of attorney for health care for yourself or loved one if you feel that you need or may one day need this document.
Having a durable power of attorney for health care will ensure that your wishes concerning your health, the care you receive, life support and other end-of-life issues are respected.