Page 39 - Bancroft Law - Example Legal Planning Guide

ATTORNEYS AT LAW 39
WHAT ABOUT HEALTH CARE? Proper long-term care planning will include a comprehensive health care power of attorney, preferably a separate document from the durable general power of attorney, and separate from a Living Will. A health care agent should perform three broad functions:
• Make health care arrangements;
• Authorize or refuse medical treatment in the event the
principal is unable to make or communicate those
decisions; and
• Enforce a Living Will.
Health care arrangements typically include accessing medical records, discussing treatment options with medical personnel, getting second opinions, hiring and firing physicians or other medical personnel, and arranging for entry into hospitals, and long-term care facilities. Empowering a selected person or persons to authorize or refuse medical treatment ensures that such decisions will remain under the control of family or other trusted individuals and not be dictated by a facility or other health care provider.
LIVING WILL. A “Living Will” is a statement of desired treatment options in the event of terminal illness of a patient who cannot make or communicate health care decisions. A properly drafted Living Will makes clear the desire to receive whatever treatment is necessary to get well but further indicates that in the event of end-stage terminal illness, medical treatment be limited to comfort measures. Stated otherwise, the Living Will should communicate that medical treatment that merely prolongs the dying process is not desired.
A FEW MORE THINGS TO KNOW ABOUT POWERS OF ATTORNEY. You can revoke your power of attorney at any time. Make sure to notify any financial institutions involved with your affairs regarding the cancellation as well as your agent. Also, you can still continue to handle your affairs. The person you appoint as agent will step in only if and when needed. You can appoint multiple agents, each of whom can act alone if the others are unavailable. You can name a successor agent in your power of attorney to step in if the primary agent resigns.