When you are in good health and busy, it’s easily put off thinking about what would happen should you come down with an ailment or get injured in the future. Whether or not you have any present health concerns, it is vital to be prepared for any such circumstance — especially the plausibility that you could become impaired and left unable to make decisions in regard to your own care.
Fortunately, there is a straightforward way to protect yourself. Let the estate planning attorneys at Ogborne Law draft a Medical Power of Attorney (POA) for you.
A Medical POA specifies your wishes should you become incapable of doing so. It also designates an individual you trust for making decisions in regard to your medical care when you are unable to make them yourself.
It’s vital for any POA to be drafted with care to guarantee your directives are concise and that the document is legally binding. For more than a decade, our Medical POA attorneys have helped people make thoughtful and strategic decisions concerning their lives. Contact us or call today for your free consultation.
What is a Medical Power of Attorney?
A Medical POA is a document that gives an individual the legal authority to make medical decisions for you. These decisions include everything from the types of medication(s) you might receive and if you should go through a surgical procedure to important end-of-life decisions should you slip into a vegetative state or coma. The individual you designate for making these decisions is referred to as your healthcare agent (proxy).
Generally speaking, a Medical POA is created to be durable, meaning it is still effectual even if you become incapacitated and are unable to make healthcare decisions on your own. While most courts assume a Medical POA is durable, it’s wise to make that clear in the document itself.
How Does a Medical POA work?
A durable Medical POA stays in effect even when you cannot make medical decisions on your own. There are also “springing” POA’s, which come into play only when you turn incapacitated.
Circumstances that could active a springing Healthcare POA into effect comprise of when you:
- Experience problems under general anesthesia
- Suffer an ailment or injury that leaves you incapable of writing or speaking, like a stroke or traumatic brain damage
- Are taken ill with a degenerative neurological disease that degrades your capability to speak and think clearly, like Alzheimer’s disease or dementia
Should these springing Powers be triggered, the person you have designated as your proxy is going to have the legal authority for making medical decisions for you.
A lot of people create a Healthcare POA so that the proxy can only make decisions regarding specific types of treatments, whereas others arrange the document in a way that gives the proxy comprehensive authority. It is all subject to your needs and the way you want your document drafted.
Why Do You Require a Medical POA?
There are a couple of important reasons for creating a Medical POA, including:
- Gives you peace of mind. In the event should you become ill or injured in some way that leaves you incapacitated or incapable of communicating, you do not want vital life decisions made by outsiders. A medical POA places those decisions with somebody you trust. Without a Medical POA, your family is going to have to go to court so somebody can make these decisions for you. And when you have not made your wishes clear concerning end-of-life care, your family is going to be left guessing concerning what you want. With a well-devised POA, you will not have to worry.
- Preparing for significant medical procedures. Even seemingly normal procedures can have complications. It is always a good idea to be prepared. Having a medical POA prior to the surgery is going to make it easier for your family to address any unforeseen concerns that may come up.
- To safeguard your wishes following a diagnosis of a degenerative disease. Advancing neurological diseases might ultimately leave you incapable of communicating or make thought out medical decisions by yourself. A Medical POA is going to save you and your loved ones from needless worry.
How to Get a Medical POA
Below are the primary steps involved in drafting a Medical POA in:
- Choose who you want to be your Healthcare agent and what decisions you want them to be authorized to make.
- Work with a Medical POA attorney to create a POA that conforms with the laws in your state. If the form is not correctly completed, it may be deemed invalid.
- Furnish a copy of the form to your proxy and your medical practitioner. Your proxy is going to need to present the form prior to them making medical decisions on your behalf.
- Keep another copy of the form at home and one with your attorney.
- Keep the form updated as needed or as your medical circumstances change.
Arizona Family Law
Naming guardians in your will can be part of your estate plan. You may think you’re too young or don’t have enough money to justify the expense, but if you have children, you have priceless assets. There are many considerations when naming guardians for your kids. However, the process doesn’t have to be expensive or complicated.
There’s nothing better than the peace of mind you will have knowing you’ve protected your family at a time when they need it most. Let us help. Schedule a consultation or contact Ogborne Law, PLC of Arizona today.