Advanced Health Care

ADVANCE HEALTHCARE DIRECTIVE AND POWER OF ATTORNEY:  As part of a complete Estate Plan containing a Revocable Living Trust, Durable Power of Attorney, Advance Healthcare Directive (Living Will), and Pourover Will, this document has two purposes.  Firstly, it allows  you to name someone to make healthcare  decisions on your behalf, such as consenting to medical treatment or surgery.  This document complies with the provisions of HIPAA (Health Information Portability and Accountability Act of 1996), and allows medical professionals to ask your agent about your healthcare needs.  Secondly, this document contains a “Living Will”, which allows your agent to terminate life support (pull the plug), based on your desires.  If Terry Schiavo had signed this document prior to her accident in 1990, we would never have heard about her case.

An Advance Healthcare Directive (Living Will) is an “immediate“ Power of Attorney which gives authority over your medical decisions immediately when you sign the document.  If you are healthy, and capable of handling your own medical decisions, the healthcare professionals will ask you.  If you are not, your agent has authority to handle these matters on your behalf.

People Involved With an Advance Healthcare Directive (Living Will):

ATTORNEY-IN-FACT:  This is the person named by you to make medical decisions on your behalf.  They are also referred to as your “agent”.