Health Care Power of Attorney

A Health Care Power of Attorney permits you to designate a person you trust to make health care decisions on your behalf should you be physically or mentally unable to make such decisions. The individual chosen to act on the principal or maker’s behalf is referred to as an "Agent."

Your Agent may be called upon to make decisions pertaining to your treatment including surgical procedures and the withdrawal or withholding of life-sustaining treatment. Your Agent normally isn’t granted these powers unless/until you are declared unable or incapable of making such decisions yourself by at least one treating physician. Once appointed, your Agent has a duty to honor your instructions and wishes to the fullest extent possible. You, and not your Health Care Agent, remain responsible for the costs of your medical care.

We strongly recommend to our clients that they carefully review their wishes (organ donation, treatment instructions in the event of end-stage medical condition, etc.) with their family physician, treating physician and family members before finalizing this document and to be sure they understand the scenarios, treatments, options and range of decisions that may be made on their behalf.

The person you appoint as Agent should be a competent and trusted friend or family member. You should advise your proposed Agent of your intentions prior to having this document prepared to make sure they are able and agreeable to so serve. If they are agreeable, we advise providing a copy of your Health Care Power of Attorney to your Agent and any primary or treating physician.

Most states require that the signing of a Health Care Power of Attorney be witnessed by two competent adults. We also strongly recommend and routinely have the signing of Health Care Power of Attorney done in the presence of a notary public to increase its likelihood of being honored.

Many states, and best practices, prohibit or discourage the following adults from witnessing the document:

• your Agent;
• your spouse or a relative;
• a person with a financial or other interest in your estate, such as a beneficiary;
• your attending physician or any of his/her employees;
• an owner or employee of a health care facility in which you are a patient; or
• a person who has a financial or other claim against you.

Living Will

Even after you have signed a Health Care Power of Attorney you have the right to make health care decisions for yourself as long as you are able to do so which include whether you want to receive certain life prolonging procedures or be an organ donor.

A Living Will is an important legal document. It is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values. In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained if you were seriously ill. If you do not prepare a Living Will, and later become unable to understand, make or communicate your desires as to medical treatment, your wishes may not be honored because they may remain unknown to others.

A Living Will cannot be followed unless your attending physician determines that you lack the ability to understand, make or communicate health care decisions for yourself and you are either permanently unconscious or you have an end-stage medical condition, which is a condition that will result in death despite the introduction or continuation of medical treatment. You, and not your health care agent, remain responsible for the cost of your medical care.

You are encouraged to discuss your values and wishes with your family or chosen spokesperson, as well as your physician. Provide a copy of your Living Will to your physician, local or usual hospital, and family or spokesperson, and review this document periodically to make sure it accurately reflects your preferences.