When it comes to estate planning, medical and legal matters often overlap. Yet many of us do not give much thought to topics such as future incapacitation or living wills until we face a medical emergency. However, using the legal options available before tragedy hits can be a wise move toward ensuring that you and your loved ones are protected in the future.
If you become incapacitated, who would you want to make medical decisions? By choosing someone you trust to act on your behalf should you become unable to communicate your wishes, you can legally establish him or her as a decision-making authority. This concept of granting a chosen individual the power to make healthcare decisions for you is known as a Medical Power of Attorney.
A Durable Power of Attorney for Medical Care (also known as a Medical POA) is a legal document that allows you to designate someone (the agent) to make medical decisions for you (the principal). This document is typically used to prepare for the event that the principal becomes incapacitated or unable to make decisions for themselves in the future.
Medical POAs, in particular, grant your agent the authority to decide about your medical treatment, including consenting to or refusing medications and procedures, choosing healthcare providers, and making end-of-life decisions. Medical POAs are referred to as “durable” because they remain in effect even when a principal is mentally incapacitated or unable to communicate.
Everyone should consider having a Durable Power of Attorney for medical care, regardless of age, health, or life situation. Preparing for the unknown is the smartest way to ensure that you and your loved ones are cared for in the future. However, there are certain individuals for whom it is especially prudent to obtain a Medical POA, including those recently diagnosed with a degenerative disease, those with upcoming procedures involving anesthesia, and those working in dangerous industries such as construction or transportation.
The surest way to know that your agent will understand and follow your wishes is to clearly state them as a living will, along with your Durable Power of Attorney document. A living will, or advanced healthcare directive, is a legal document that outlines your preferences for medical treatment and end-of-life care. This document can include as many details as you want. In your living will, you can specify preferences such as life-sustaining treatments, surgeries and procedures, medications, pain management, resuscitation efforts, hospice care, and more.
When creating a Medical Power of Attorney, you should discuss your preferences with your chosen agent, providing as much information as possible about your wishes. You should also provide your agent with copies of your living will and your POA document and keep them updated about any changes to your preferences or medical conditions. This can be easily achieved with Trustbox. The platform will store everything in one place and allow you to grant access to your agent and whoever you think would need it.
Sometimes, you may also want to consider discussing your medical preferences with your healthcare providers and providing them with copies of relevant documents. Communication is key to ensuring your agent and other third parties know your wants.
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Yes, you can change your mind about your Medical Power of Attorney anytime if you are mentally competent to decide. It is important to periodically review your Medical POA to ensure it still reflects your current wishes and circumstances. If you decide to change your agent, Trustbox will allow you to do so by revoking your current Medical POA and creating a new one with your updated instructions and the new agent’s name. You should also inform your old agent and any healthcare providers of the change.
You can create a codicil document if you want to change your existing Medical POA without revoking it entirely. This document can amend your original POA and specify the changes you wish to make.
Some people may believe having a Durable Power of Attorney for medical care is only necessary for those already sick, injured, or elderly. But unfortunately, accidents and unexpected tragedies can happen to anyone at any time, regardless of age or health status, leaving victims incapacitated and unable to communicate their healthcare preferences.
Suppose you become incapacitated and do not have a Durable Power of Attorney for medical care. In that case, decisions about your medical treatment will be made by someone else, such as a court-appointed guardian or a family member you wouldn’t necessarily choose to be your agent. In these cases, the individual chosen by the court may not know your wishes or may have different beliefs about medical treatment.
If you do not have a Medical POA in place and become incapacitated, your relatives will receive priority in making healthcare decisions for you in the following order:
Remember that the exact order and who qualifies as a “close friend” can vary depending on the state where you live. It’s also important to note that relying on state law to determine who has decision-making authority can result in disputes among family members and may not reflect your personal preferences. By executing a Durable Power of Attorney for medical care, you can choose a trusted agent to make healthcare decisions for you and ensure your wishes are followed.
Choosing the right person to be your agent in your Medical Power of Attorney is an important decision that should be handled with care. Here are some factors to consider when selecting an agent:
Yes, all of the forms that one might need to create or amend a Power of Attorney can be found online. One of the best ways to obtain and fill out these forms is using a handy tool called TrustHandled. With this 100% online platform, you can access, complete, and store any documents relating to your estate plan, keeping them safe and secure in one location. Our intuitive interface and expert support make TrustHandled an efficient estate planning tool accessible to everyone.
Suppose you want to create a Durable Power of Attorney for Medical Care. In that case, TrustHandled can walk you through the process, clearly explaining each step without needing expensive attorney fees and in-office meetings. Get started by creating your very own TrustHandled account today.
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