14.2 Power of Attorney and Healthcare Directives

Estate planning isn't just about what happens after you're gone. It's also about protecting yourself and your wishes while you're still alive. Power of Attorney and healthcare directives are crucial tools for this.

These legal documents let you choose someone you trust to make decisions for you if you can't. They cover everything from managing your money to making medical choices. It's like having a backup plan for your life, just in case.

Power of Attorney Types

Understanding Different Power of Attorney Documents

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Top images from around the web for Understanding Different Power of Attorney Documents

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  Healthcare Power of Attorney Living Will View original

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  FREE sample California durable health care power of attorney View original

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• Power of Attorney grants legal authority to an agent to make decisions on behalf of the principal
  • Allows agent to handle financial matters, property transactions, or legal affairs
  • Typically becomes invalid if the principal becomes incapacitated
• Durable Power of Attorney remains effective even if the principal becomes incapacitated
  • Provides continuity of decision-making during periods of mental incompetence
  • Can be used for financial matters, property management, and other legal affairs
• Medical Power of Attorney designates an agent to make healthcare decisions for the principal
  • Becomes active when the principal is unable to make or communicate medical decisions
  • Agent can consult with doctors, access medical records, and make treatment choices

Key Considerations for Power of Attorney

• Choosing a trustworthy and competent agent crucial for all types of Power of Attorney
• Specific powers and limitations should be clearly outlined in the document
• Regular review and updates recommended to ensure the document reflects current wishes
• Multiple agents can be appointed with clear instructions on how they should work together
• Power of Attorney can be revoked or modified by the principal as long as they are mentally competent

Healthcare Directives

Types of Healthcare Decision Documents

• Healthcare Proxy appoints an agent to make medical decisions when the individual is incapacitated
  • Agent should be familiar with the individual's healthcare preferences and values
  • Can make real-time decisions based on current medical situations
• Living Will outlines specific medical treatments an individual does or does not want in end-of-life situations
  • Typically addresses issues like life support, pain management, and organ donation
  • Provides clear instructions to healthcare providers and family members
• Advance Directive combines elements of both Healthcare Proxy and Living Will
  • Comprehensive document addressing both appointment of a healthcare agent and treatment preferences
  • Helps ensure healthcare wishes are respected even when unable to communicate

Implementing and Maintaining Healthcare Directives

• Healthcare directives should be regularly reviewed and updated to reflect changing preferences
• Copies of directives should be provided to healthcare providers, family members, and appointed agents
• Discussion of healthcare wishes with family and appointed agents crucial for effective implementation
• State laws may have specific requirements for healthcare directives to be legally valid
• Healthcare providers are generally required to follow valid healthcare directives

Incapacity

Understanding and Planning for Incapacity

• Incapacity refers to the inability to make sound decisions or manage one's affairs due to mental or physical limitations
  • Can result from various conditions (dementia, severe illness, traumatic injury)
  • May be temporary or permanent
• Legal determination of incapacity often required to activate certain estate planning documents
  • Process typically involves medical evaluation and sometimes court intervention
  • Standards for determining incapacity can vary by jurisdiction and context
• Planning for potential incapacity crucial aspect of comprehensive estate planning
  • Includes creating Powers of Attorney, healthcare directives, and trusts
  • Helps ensure continuity of financial management and healthcare decision-making

Protective Measures and Legal Considerations

• Guardianship or conservatorship may be necessary if no advance planning was done
  • Court-appointed individual manages affairs of incapacitated person
  • Can be avoided through proper advance planning with Powers of Attorney and trusts
• Financial institutions and healthcare providers may have their own processes for verifying incapacity
  • Important to understand and comply with these requirements when planning
• Regular review and update of incapacity planning documents recommended
  • Ensures documents reflect current wishes and circumstances
  • Allows for changes in appointed agents or decision-making preferences