When you decide it’s time to create an estate plan, there are important documents that help you plan for incapacity. These include a general power of attorney, healthcare power of attorney, HIPAA release, and living will. An experienced estate planning lawyer from Mitchell & Faix can answer all of your questions and guide you in drafting these legal documents that protect your best interests. It’s important to note that estate planning is not just a matter of your finances, it also involves your medical care.
Durable Power of Attorney for Healthcare
The ability to name someone else who will be responsible for making decisions related to your healthcare comes under the durable power of attorney for healthcare. The person you choose becomes your agent, and they must make your medical decisions when you are unable to act for yourself.
What if There is No Durable Power of Attorney for Healthcare Present?
If you become incapacitated and do not have a durable power of attorney for healthcare, the Colorado Healthcare Proxy Decision Makers Act takes over. This involves a person being chosen on your behalf to act as your proxy and make medical decisions for you. However, this person is chosen by a group of interested parties, if they can agree, and may not be the person who you would pick. To make sure the right person is in charge of your medical decisions, sign a durable power of attorney for healthcare.
Decisions an Agent Can Make
Your agent under your durable power of attorney for healthcare can make the following decisions:
- Whether or not you should be admitted or discharged from a nursing home or hospital
- Which medicines or treatments you do or do not want to receive
- Day-to-day medical decisions
Please note that the agent you name is only permitted to make these decisions when you are unable to do so for yourself. The agent must also follow the wishes you’ve outlined in the power of attorney document.
Can I Change My Agent?
Yes, you can change the person you name as your agent. Just be sure you have an estate planning attorney draft a new durable power of attorney for healthcare with the new name listed. Once the new document has been created you should destroy the old one. Be sure to inform the previous agent that they are no longer serving in the capacity.
Include a HIPAA Release
It is important that you include a Health Insurance Portability and Accountability Act (HIPAA) release when creating your estate plan. A provision of HIPAA prevents healthcare professionals from sharing medical information with anyone other than the patient. For this reason alone you should include a HIPAA release in the estate plan. A release will grant your agent and anyone else who you name the ability to discuss your situation with the healthcare professionals, and give them access to your medical information.
Living Will
A living will, also known as an advanced health care directive, expresses your wishes for end of life if you are on life support. It outlines your preferences for medical interventions, such as whether you want life-sustaining treatments like ventilation, and or artificial nutrition or hydration if you are in a terminal condition or in a persistent vegetative state. This document is crucial in making sure that the medical care you receive aligns with your values and beliefs, particularly in difficult end-of-life situations.
