Why Do I Need a Health Care Power of Attorney?
A common question we receive is whether an individual needs a Health Care Power of Attorney. The short answer – YES! Let’s take a further look into what a Health Care Power of Attorney is, why it’s important and what makes a good health care representative.
What is a Health Care Power of Attorney?
A Health Care Power of Attorney is a document where you authorize an individual to make medical decisions on your behalf when you are unable to do so. This person is often referred to as an agent in the document.
Why is a Health Care Power of Attorney important?
It’s crucial to make decisions now about your health care plans for the future, while you are capable of doing so. This ensures that you receive treatment consistent with your preferences and allows you to express how you want to be treated if you are unable to communicate. Making these decisions in advance also helps your loved ones and medical staff act on your behalf and treat you in accordance with your values and wishes.
Do I still have the right to make my own health care decisions?
Yes! So long as you can understand the nature and any consequences of said decisions, you have the right to determine any medical treatment that you will receive. Your health care representative is “waiting in the wings” in case you lose that ability to understand and/or verbalize your wishes. You also reserve the right to amend or revoke your agent’s authority in writing. The American Bar Association recommends that you re-visit these wishes whenever any of the “5 D’s” Occur:
1. Decade – Each time you start a new decade of your life.
2. Death – Whenever you experience the death of a loved one.
3. Divorce – If you’ve experienced a divorce or major family change.
4. Diagnosis - After any diagnosis of a serious health condition.
5. Decline – At the signs of a significant decline or deterioration of an existing health condition.
Who makes a good health care agent?
Now that you understand what a Health Care Power of Attorney is and why it is so important, you may be asking yourself “who should be appointed as my health care representative?” The individual you select will make decisions on your behalf based on your wishes, but in the event that your wishes are not clear, they will make a decision based on what they believe your wishes would be. When naming a person as your agent, you should always make sure to name at least one alternate in case the person you have named is unable to act. Make sure that you select a successor who meets the same requirements below.
Some questions to ask yourself while making this decision are: Whether the individual you intend to select is willing to speak on your behalf? Are they someone who knows you well and understand what is important to you? Are they able to separate their own feelings and act on your wishes? Can they serve as a strong advocate in the face of an unresponsive doctor/institution? Will they likely be available long into the future?
Who should have a copy of my Health Care Power of Attorney?
Congratulations, you’ve reflected on your health care wishes and appointed someone to carry out these wishes in a Health Care Power of Attorney, so who should you give a copy to? It’s a good idea to provide a copy to the individual or individuals that you have named as your health care representative. In addition to those individuals, you should provide a copy of this document to your primary care physician.
We Can Help!
A well drafted Health Care Power of Attorney provides guidance to your loved ones and takes the guess work out of what you really would have wanted for your health care. It all starts with a conversation on your goals and priorities in the event of a medical emergency. Call our office at (203) 446-4725 to schedule an appointment to discuss your health care wishes today!