Healthcare Advance Directives
By LEU & PEIRCE ELDER LAW ATTORNEYS
ealthcare Advance Directives are a vital part of your estate plan .
H Each of the advance directives plays a distinct role in ensuring that when the time comes , your healthcare wishes are followed .
A Medical Power of Attorney , HIPAA Release and Authorization , and Directive to Physicians ( also known as a Living Will ) work in concert to provide trusted individuals with the tools they will need to manage your healthcare and make health-related decisions for you , should you become unable to do so for yourself .
MEDICAL POWER OF ATTORNEY A Medical Power of Attorney enables you to name a trusted individual as your agent to make healthcare decisions for you in accordance with your wishes . As long as you are awake and can understand and answer a medical professional , you always make your own healthcare decisions . If you are not capable of making or communicating your decisions , your agent under the Medical Power of Attorney has authority to act for you . Your agent is obligated to follow your wishes when making healthcare decisions for you , to the extent you have made those wishes known . If there is no evidence of your wishes , your agent should make decisions based on your best interests ; however , treatment may not be given , or withheld , if you object . This is true whether you are competent or not . Although you are not required to designate alternate agents , it is advisable that you name at least one additional person , if not more , whom you trust to act on your behalf and in accordance with your beliefs and desires . For many reasons , your agent may not be able to act when a decision needs to be made . Therefore , having alternate agents named can be very important .
HIPAA RELEASE AND AUTHORIZATION HIPAA ( Health Insurance Portability and Accountability Act of 1996 ) is a federal law that requires doctors , nurses , hospitals , nursing homes , and other healthcare providers to protect the privacy of patient health information . A HIPAA Release and Authorization document names individuals you trust to have access to this protected health information . When you execute a HIPAA Release and Authorization , you are giving your healthcare providers permission to discuss your health information with those trusted individuals . This can be an important tool for those who are assisting you with your healthcare and want to stay informed of your status . Without such access , your agents may not have all the information they need when it is time to act under the Medical Power of Attorney . This document also allows you to keep others who are close to you informed of your medical condition , even if they cannot make decisions .
DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES ( LIVING WILL ) A Directive to Physicians and Family or Surrogates , commonly known as a Living Will , provides information and instructions to your agent under the Medical Power of Attorney regarding your desires to administer , withhold , or withdraw life-sustaining treatment should you be diagnosed with a terminal or irreversible condition .
Although commonly confused , a Living Will is not the same as a Do Not Resuscitate Order (“ DNR ”). A DNR should be signed only after receiving an explanation from a physician , who also signs the document to confirm you were provided the information necessary to make a sound decision . While a Living Will addresses life-sustaining treatment before your heart has stopped beating , a DNR instructs medical personnel not to perform emergency resuscitation after your heart has stopped beating . Importantly , medical personnel must see a properly executed DNR prior to beginning resuscitation procedures , as they cannot stop resuscitation procedures once they have begun .
An experienced attorney who practices in this area of the law understands each of these documents and how to tailor them to your unique circumstances , wishes , and family dynamics . Advice on Healthcare Advance Directives , as well as other interrelated legal issues should be provided by an attorney who works in this area on a daily basis . There is a reason that professionals like attorneys and doctors are licensed — they are providing important services and are required to meet strict standards . If you need help with your estate plan , or have questions about Healthcare Advance Directives , please contact our office for a consultation .
Lori A . Leu , Erin W . Peirce , Lauren E . Olson , and Brandi Binkley are Elder Law attorneys with Leu & Peirce , PLLC in Plano , Texas . For more information call 972-996-2540 or visit www . leulawfirm . com .
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