Living Will Attorney

A power of attorney for healthcare decision making is a valuable tool that grants someone the authority to make medical decisions for you if you are incapacitated and unable to make those decisions.

Most states have forms that can easily be filled-out. Many states, like California, require that the power of attorney be signed by you and two witnesses, or signed by you before a notary public.

In this document, you have the opportunity to give many instructions, including whether you wish to be buried or cremated, whether you want to donate body parts for research or education, and whether you want heroic measures to be made to keep you alive - even though your medical doctors have determined that you have no brain activity and will never recover.

Unpleasant decisions, but this document relieves your loved ones from the emotional burden of having to make those decisions by themselves. When named as your agent (a trusted family member or friend) under the power of attorney, their task is to simply carry out your written instructions.

Of course, it is impossible to write out instructions for every type of medical decision that may become necessary. No one has a crystal ball to anticipate what options will be given by your doctors to address every type of disease or injury that may need to be addressed in the future. Therefore, many powers of attorney will give instructions that decisions are to be made in accordance with what your agent believes you would have wanted and, if unknown, then such decisions should be made in your best interests.

It is very important that you talk with your agent and inform them that you wish to name them as the person who will have authority to make medical decisions if you are incapacitated. It would be quite unnerving if they first learned of this by receiving a phone call at two in the morning from a hospital, and were being asked to make a medical decision regarding you. A copy of your power of attorney should be given to your selected agent.

It is also important that your doctors, and hospital (if you have a file or chart there) also receive a copy of your healthcare power of attorney. Without a copy, they are unable to contact your agent for instruction regarding your medical care.

It is not always necessary to have an attorney prepare the power of attorney for you. Many forms are relatively self-explanatory. However, an elder law attorney can be helpful by explaining the law, asking important questions regarding your wishes, and making sure that the document is properly executed. Remember: an improperly prepared document is useless and defeats your ability to make healthcare decisions in advance.

A properly prepared power of attorney for healthcare decision making is a valuable tool to ensure that your medical wishes are carried out if you become incapacitated, and relieves your loved ones from having to make those difficult choices if the need arises.