More Things to Consider about a Health Care Power of Attorney

By Doug Casarella – St. Louis, MO Attorney and LegalBuffet.com writer

Previously, we have outlined what a health care power of attorney is It is a legal document that, if it includes an advanced directive, or living will, sets out your wishes regarding care in case you were in a situation such as a persistent vegetative state. But just as important, it also gives someone else the power to make medical decisions on your behalf when you are unable to make them for yourself (and the situation can be, but is not necessarily so dire as to invoke the living will portion).

The powers you can give this person (your “Attorney in Fact”) are many. You are giving your Attorney the power to make all your healthcare decisions (or you may limit them). They can decide on beginning a course of treatment or stopping one as they see fit. This includes the power to select your doctor, or change existing ones at their discretion. To fulfill those goals, an important proviso in your health care power of attorney will be to waive HIPAA (“Health Care Portability and Accountability Act”) rules regarding your medical records so that your Attorney in Fact may access them.

In many ways, the Advanced Directive portion of the power of attorney will provide the limits of what your Attorney in Fact can do, beyond any other specific limits you draft into the document on your own. You can empower them to take care of any and all aspects of your medical care, from complicated surgery to simple dental cleanings. You may grant them the ability to transport you, while incapacitated, to another place to receive the care they feel is best (in accordance with your wishes).

Consider what care you do want to receive, and also treatments you emphatically do not want. For instance, if you prefer alternative medical treatments, this document can be vital to ensuring that you receive the care you want. If you are in a situation with a terminal illness, you can direct at what point you want your care to become purely palliative in nature, if you so desire, or to insist that all measures be taken to preserve your life as long as possible, if that is your wish.

Given all the powers and responsibility of this position, the selection of this person is a critical part of your drafting process. It should be someone you trust, as you’ll be placing your life in his or her hands. You will want someone invested in your care, who will be an advocate for you when you need it most.

• AFFILIATE STATUS DISCLOSURE:

  You should assume that the owner of this website is an affiliate for providers of goods and services mentioned on this website and may be compensated when you purchase from a provider. To learn more, click here.

• Recent Articles

  • What if the Estate Tax Could Affect You? – Part Two
  • What if the Estate Tax Could Affect You? – Part One
  • More Things to Consider about a Health Care Power of Attorney
  • How Wills Work, Part Three
  • How Wills Work, Part Two

• Legal Articles

  Select Category Asset Protection Bankruptcy Copyrights Divorce Foreclosure Immigration Incorporation Inheritance Tax LLC Patents Power of Attorney Prenuptial Agreements Real Estate Tax ID Trademarks Trusts Uncategorized Wills

• Ask a Question

  
  
  

• Other Resources