The myth that estate planning is something which only those of us closer to death need to think about is one that can cause a lot of unnecessary family grief. There is no need for a family to suffer and do without when someone unexpectedly becomes incapacitated, requires intensive medical treatment and is not able to authorize it themselves, or is unable to recover from a persistent unconscious state. The reality is that estate planning is something everyone must attend to if they have relatives, or any obligations, or in fact have any preferences about their own medical treatment, in order that their wishes can be respected.
A power of attorney is a legal document which gives a person or institution the right to make decisions for you if you are to become incapacitated in some way. The document goes into effect immediately when the patient becomes incapacitated, should a medical professional determine that the patient is unable to speak for, or represent, him or herself. The person to whom the Power of Attorney is granted will be given specific rights to make decisions on the patient’s behalf. The Power of Attorney could, for example, specify that your aunt be able to manage your finances and business dealings. A different Power of Attorney could grant your brother the right to make medical decisions on your behalf. The document itself specifies the rights and obligations which you outline personally for the person executing your wishes.
A durable power of attorney is, by its nature, in effect until the signatory dies, or until the durable power of attorney is ended. The document itself should specify under what circumstances the power of attorney ends, or can be revoked. This might be, upon the patient regaining consciousness and the medical staff pronouncing the patient able to make decisions upon his own behalf. It may be simpler, ending after a specific two week period of time. Or there may be other complexities that should be addressed with regard to finances, for instance, which can make the timeframe the power of attorney effects longer, shorter, or more intermittent.
Many people have created what is known as a health care power of attorney in recent years, to specify the exact treatments and responses they are comfortable having performed should they be unable to represent their own interests. The document is particularly important for all ages to consider, because any of us could become incapacitated temporarily, at any time. The hospital or type of treatment center that the patient wishes to be admitted to, the type of care the patient wishes to receive, and to whom the patient’s medical records can be released are all commonly covered in a medical power of attorney.
For the young and the old alike, consulting a capable attorney who can assist in the preparation of a power of attorney is a very wise move.
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Contact Person: Jeff Coleman
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Website: www.colemanlaw.com