Life Planning
Life is an ever changing thing. Some changes are wonderful, some are terrible. Often, they are unpredictable. Whether it be marriage, children, going to school, moving, or any number of life changes, proper planning can avert a disaster. Below I will discuss how to arrange for the management of assets, healthcare, and care for your children should you ever become incapacitated. Click the links information on marital planning or moving.
Powers of Attorney
We live in busy times. Often, situations arise that need our immediate attention. What would happen if you were unavailable to handle that situation? Without prompt attention, you could be placed in great financial hardship. Someone else could handle matters for you, but they need the authority to do so. You need a Power of Attorney.
A Power of Attorney is a document where you nominate someone to act as an agent for you with certain powers. These powers could be to manage, or sell assets or businesses, deal with insurance companies or initiate law suits, or to create and fund trusts. Powers of Attorney are versatile documents which may either be effective immediately, or upon your incapacity. They can be limited in duration for a specified time period, the duration of your incapacity, or until revoked. They can grant your agent a broad set of powers, or be narrowly tailored to only administer certain things.
Powers of Attorney are important tools in estate planning. Your choice of agents should be made carefully to ensure they are appropriately capable of performing the tasks needed, and these choices should be reviewed as changes in your life develop.
Healthcare
HIPAA Release
A medical emergency can be just as stressful and emotional for your loved ones as it is for you. To compound that stress is being kept in the dark as to what is going on. Doctors and nurses do not withhold information because they want to, it is because they are legally required to. Under federal law your healthcare information is private, and healthcare professionals may not disclose it without your permission. The document that grants permission is called a HIPAA release.
A HIPAA release will ensure that friends and family who you wish to be informed, but are not in your treatment plan, will be able to know what is going on. This will bring them comfort, and eliminate the fog of confusion.
Health Care Proxy
What happens if you are unconscious, or unable to communicate when doctors need to make decisions regarding your treatment? A Health Care Proxy operates much like a Power of Attorney, and designates who may act as an agent to make healthcare decisions if you are unable to. Unlike a Power of Attorney, whoever you nominate as your agent cannot immediately start deciding what type of healthcare you will start receiving. The Health Care Proxy must be evoked by the attending physician after making a determination that you are unresponsive and unable to communicate. Furthermore, once your capacity is restored, the power of the healthcare agent is terminated.
Living Will
There had been some highly publicized cases where family members fought in court with each other over a decision to remove artificial life support. The cases went on for years, and ripped the families apart. The question that was at issue is: what did the patient want? Nobody wants to picture themselves in this situation, but if you were in a persistent vegetative state with no hope of recovery, what life preserving treatment would you wish doctors to perform?
Some states allow an Advanced Health Care Directive, or a Living Will to be legally binding. While Massachusetts law does not recognize a Living Will, it is still an important document since it will inform your loved ones and Health Care Proxy what your wishes are, and help avoid an emotionally and financially tolling legal battle. A Living Will can allow you to instruct your Health Care Proxy about the conditions you wish artificial support, and when to terminate it to preserve your wishes and dignity.
A Living Will is not the same thing as a DNR (do not resuscitate order), which is binding, since the Living Will is more remote in time than the DNR. A DNR is filled out prior to receiving immediate medical treatment or a surgical procedure. The DNR remains only in effect while you are under the immediate care of the physicians during that episode.