A 2017 article in the journal “Health Affairs” cited a University of Pennsylvania Perelman School of Medicine study regarding advanced directives. The study of more than 795,000 Americans found that only one-third of the population had designated a healthcare power of attorney. As an elder law attorney, I often counsel clients with legal issues relating to not having this important document drafted and signed.
While we all hope to age gracefully with sound mind and body, for many people there comes a time where they are unable to make their own healthcare decisions. In these situations, it is very important to have a document in place so someone you trust can make decisions for you and enforce your end-of-life wishes. These estate planning documents are called Advanced Directives. Without an advanced directive, you run the risk of a county agency or a Judge making decisions for you through guardianship proceedings, which can be expensive, time-consuming and add stress to your family during a health crisis.
Advanced directives are not just for older adults. Anyone over 18 should have an advance directive completed. Advanced directives cover more than end of life decisions. In fact, a well-written and properly executed advanced directive can enable the person you name (your “Agent”) to make a wide range of healthcare decisions for you, if you cannot. The two most common advanced directives are Powers of Attorney for Health Care and Living Wills. In this post, we discuss the important Power of Attorney for Health Care.
A Power of Attorney for Health Care has far more power than just allowing your Agent to make end-of-life decisions for you. In fact, the decisions that your Agent can make include:
- To admit or discharge you from a hospital or nursing home to home;
- Powers to move you from a bad nursing home to a better facility;
- Which treatments or medicines you receive;
- Whether you are buried or cremated;
- The authority to seek a second opinions from a healthcare provider, and
- Control over who has access to your medical records.
You should choose someone you trust as your health care agent. When determining who you want to appoint as your agent, it is important to think about who you would want to make decisions and fight for you to get the best care if you cannot advocate for yourself.
Our next post will focus on a different, but equally important type of advanced directive – the Living Will.
If you are interested in drafting a Power of Attorney or have any questions about estate planning or elder law, please contact Attorney Lauren Kaplan at lkaplan@curlerlaw.com or (312) 952-1077 for a free 30 minute consultation.