Nicolosi & Associates' Trusts and Estates attorneys can help you set up a durable power of attorney for healthcare and put your affairs in order before anything unpredictable can happen to you.
For many people, the durable power of attorney for health care is the most important estate planning instrument available. It is essentially a medical directive which allows you to choose the agent you wish to be responsible for making health care decisions on your behalf when you are unable to make them for yourself. In choosing the proper agent, you should make sure that the person you choose can be trusted to direct that you receive medical care in accordance with your own wishes. These wishes should be clearly expressed to your agent and reduced to writing.
A power of attorney will only become effective upon the occurrence of one of the events specified in the document itself. You can choose for the power of attorney to kick in upon written decision of your physician and agent together. However, it is important to require that more than one person is involved in making this determination to lessen the danger of fraud. You could also draft the power of attorney to become effective only in situations where you are unconscious or otherwise incapacitated. You should be aware that a power of attorney is ineffective while you are still able to make decisions for yourself.
A power of attorney for health care is very important in emergency medical situations. If you are seriously injured to the point of incapacity, you will have already selected the person to make medical decisions for you. In addition, they will have likely been instructed through the power of attorney document as to your wishes for your own care. Not only will this alleviate some pressure from your family in a difficult time, but it will ensure that you have a say in your own medical care, regardless of the fact that you are incapacitated.
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