Advance Care Planning: Health Care Directives (Power of Attorney)

What is a health care power of attorney?

A health care power of attorney, or medical power of attorney, is a legal document that grants power to another person to make health care decisions on your behalf should you become so ill or injured that you can’t do it for yourself. This person is called a health care agent, or your attorney, in-fact. Make sure your health care agent is someone you trust to advocate for you, to be available for what could be a significant amount of time, and to remain steady during a highly emotional time.
A health care power of attorney is a legal document that outlines your health care wishes in the event that you become terminally ill and/or permanently incapacitated or unconscious due to injury, illness, or advanced age.

A health care directive, also called an advance health care directive, is a legal document that conveys medical treatment preferences when a person becomes incapacitated and unable to communicate decisions. Health care directives provide critical guidance to health care providers and family members regarding life-sustaining care.

HEALTH CARE DIRECTIVE/ADVANCE HEALTH CARE DIRECTIVE

It allows you to convey your wishes regarding medical treatment when those wishes can no longer be personally communicated.
It is a written document that states your desires regarding life-support or other medical treatment being withheld or withdrawn in certain circumstances, usually when death is imminent, or a state of coma or vegetation becomes permanent. It is either a separate document or part of a health care power of attorney, depending on the state in which you live. It enables you to make essential decisions for or against life support now, to safe-guard your wishes in the event of a tragic occurrence.
It lets health care providers and your family know which life-sustaining medical treatments you want or don’t want. Each state defines the parameters differently, so check your state law. Since estate planning cannot anticipate every possible situation, experts recommend combining your health care power of attorney to create an advance directive, also known as an advanced health care directive.

Formalizes future health care wishes
Two main types:
📚 Living will – specifies treatment preferences
📚 Medical power of attorney – names person to make decisions

📚 Addresses life-support and end-of-life care options
📚 Helps guide providers and family if patient can’t decide
📚 Each state has specific laws regarding scope and use
📚 Essential part of comprehensive estate plan

 

 

 

 

Key Elements of Health Care Directive

 

 

 

Health care directives typically contain:

📚 Instructions about life support and other treatments
📚 Preferences regarding organ donation
📚 Guidance for caregivers and family members
📚 Durable power of attorney designation

Health care directives guide decisions when:

📚 Patient is terminally ill
📚 In a permanent vegetative state
📚 In an irrevocable coma
📚 So physically or mentally impaired they cannot communicate

Combining Directives

📚 Living will – documents treatment wishes
📚 Medical power of attorney – names decision maker
📚 An advance directive combines both documents

Properly crafted and legally executed, a health care directive ensures an individual’s preferences regarding medical treatment are followed in the event of incapacity.

This essential estate planning document articulates critical choices about life-sustaining care during terminal illness or permanent unconsciousness.