ADVANCE DIRECTIVES – PLANNING AHEAD
“Advance Directives” is a general term for documents by which an individual appoints another person to act on their behalf for a specified reason. Powers of Attorney and Health Care Proxies are two especially important Advance Directives. Every person over the age of eighteen (18) should have these two documents in place.
Power of Attorney
A Power of Attorney (“POA”) permits the “principal,” or the person creating the document, to name another person, the “agent,” to make financial and property management decisions. The POA can be designed so that it remains in effect even if you become incapacitated due to advanced age, illness or injury. You may name more than one agent.
Health Care Proxy
A Health Care Proxy is a document by which the principal designates an agent to make health care decisions on their behalf. Many Health Care Proxies include a HIPAA Waiver so an agent can obtain copies of medical records. Unlike the Power of Attorney, the Health Care Proxy only becomes effective if the principal is unable to provide informed consent to a specific treatment or procedure.
Living Will
A Living Will is the written expression of your most significant health care decisions. It is a supplement to a valid health care proxy and constitutes a guide for the agent you designate in your health care proxy. If a question should later arise as to whether the decisions your agent makes on your behalf are consistent with your wishes, a living will can provide the necessary support and ensure that you receive the care and attention that you have directed – and only that.
BEST PRACTICES: BEST RESULTS
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