The Covid-19 outbreak has brought attention to the fact that becoming disabled by a disease or injured at any time is no longer a hypothetical situation. The last year has served as a reminder that health is a precious commodity, irrespective of your age or medical condition; you should consult an elder law attorney near me and discuss medical power of attorney. With this insight comes the realization that having influence over our medical decisions is unlikely unless we have a well-thought-out healthcare decision-making plan.
If you don’t have a healthcare directive or plan in place, you won’t be able to express your preferences or guarantee that they are followed out if you become incapacitated. This puts the family in a horrible predicament since siblings may wind up battling in court over what type of end-of-life care you’ll get.
Your state’s laws will determine the best approach to exercise your medical choice rights to some extent, but there are three fundamental options to safeguard you. To ensure that they are correctly prepared, represent your desires, and comply with your state’s laws, you’ll need the help of an estate planning attorney. Do-it-yourself medical directives have the potential to cause more issues than they solve.
Living Will: This form is used if you are in the latter stages of a severe illness or wholly incapacitated. It specifies the kind of therapies you do or do not wish to get and the treatment you always want to have in the event of disability.
Long-Term Health Care A power of attorney: This is a legal document that permits someone else to make healthcare decisions on your behalf if you become incapacitated. The durable POA for health care is more comprehensive than a living will. It includes all healthcare decisions made while you are unable to voice your preferences. You can select one or more representatives to make healthcare choices on your behalf, based on their intimate understanding of what you would do if you could speak. Just keep in mind that if you name two persons and disagree about how your choice should be interpreted, you may have created an issue. To avoid any such problems, it’s best to consult your estate planning attorney, who is well-aware of elder law.
Legislation governing healthcare representatives: Some rules govern what happens if you become incapacitated and have not established a medical directive like Health Care Durable Power of Attorney or a Will. They’re designed to fill in the gaps by allowing selected family members to make medical decisions on your behalf. They’re a last-resort option, not a replacement for having a medical directive.
If the legislation mentions many persons, such as all of your children, there may be a disagreement, and the children may be able to “vote” on what happens to you. They’ll wind up in court if they don’t.
Your loved ones will be better equipped to make judgments if your paperwork is more thorough. For example, if you were in a coma with minimal cognitive ability and no possibility of recovery, would you want to be taken off a ventilator? What if there was a remote possibility of survival? The choices are not simple. Neither is thinking about such life-or-death issues.