A power of attorney for healthcare can be an important document.  It will allow you to always have an agent appointed in case you become incapacitated and are unable to make your own medical decisions.

Your agent will be able to help you in a number of ways.  It’s important to understand the responsibilities that your agent will face so that you are able to select a good agent.  Take a look at some of the information below, to learn more.  If you have any questions, or if you’d like to create a power of attorney for healthcare document, meet with an attorney.

• Your agent will make sure that you’re receiving the amount of medical attention that is needed
• He or she will communicate with medical professionals on a regular basis to discuss your needs
• An agent is responsible for making decisions regarding your treatment and medical attention
• Your agent will be able to hire or fire medical staff members, as needed
• An agent will be able to choose your medical facility based on your specific medical needs
• An agent will have access to your medical records and files
• If you have a living will, your agent must respect the wishes that you’ve outlined in this important legal document
• Your agent must be able to communicate effectively and make decisions that are in your best interest

With care and consideration, you will be able to choose an agent who will help you during your time of need.  Discuss the responsibilities with your agent so that he or she understands the future duties that may occur.

If you have any additional questions, or if you’re ready to draft your power of attorney for healthcare document, consult with a qualified estate planning attorney.

Ryan, Hicks, Cumpton & Cumpton LLP is a member of the American Academy of Estate Planning Attorneys.

You would want a living will if you don’t want to be artificially kept alive with medical heroics.  Terri Schiavo lived for 15 years while brain dead because she didn’t have a living will.  Doctors say that they can keep you “alive” forever if you’re hooked up to machines.

Do I need a living will?  My husband knows that I don’t want to be hooked up to machines.

You need to have your wishes in writing.  In the Schiavo case, Terri’s husband, Michael, knew that she didn’t want to be hooked up to machines, but she never put it in writing.  When she collapsed in their home, a legal battle between Michael and Terri’s mother ensued.

The result:  Terri Schiavo remained on life support for 15 years against her wishes.

The Nancy Cruzan case

In 1990, The United States Supreme Court indicated in the Nancy Cruzan case that we all have a right to refuse medical treatment even if it means that we will die.  They went on to hold that there must be clear and convincing evidence of the intent to refuse such treatment.

A living will serves as clear and convincing evidence.

When is my living will effective?

Your living will is NOT effective if you are healthy and slip and fall in parking lot or need surgery because you broke your hip.

Your living will is only effective if you are in an irreversible coma, persistent vegetative state, or otherwise terminal and at the very end of life.

How do I get a living will?

A living will is part of the estate planning process.  Your estate planning attorney will draft one for you.  They are also often available at hospitals and doctors’ offices.

What else do I need to know about a living will?

Your living will is only effective if your medical doctor has a copy of it.  Be sure to keep a copy in your medical records, with family members, and consider an online document storage service such as Docubank.

Ryan, Hicks, Cumpton & Cumpton LLP is a member of the American Academy of Estate Planning Attorneys.

Have you been putting off creating your estate plan?  Many people just like you are waiting for the perfect time to start their planning.  Unfortunately, some people never even get the chance.  If you have yet to start your estate plan, now is the time to do so.

It’s important that you have a plan in place so that you’re protected for emergencies and unexpected events.  Take a look at some of the information below to better understand the importance of planning sooner rather than later. If you have any questions, meet with an estate planning attorney.

If you put off your planning, the following may happen:

• You and your family may have fears and uncertainty about the future.
• Your assets may be given to the wrong people.
• Your minor children may not be cared for by the guardian of your choice.
• Your medical wishes may not be followed.
• If you become terminally ill or disabled, your family may have to go to court in order to get permission to handle your financial affairs.
• If you become terminally ill or disabled, your family may not be able to help you make important medical decisions regarding your health.
• If you die, your loved ones may not have enough income needed to survive.
• If you die, your loved ones may argue and disagree about your funeral planning.

Don’t put off your estate planning! If you do, you and your loved ones may face negative consequences.  Now is the time to begin your planning.

If you have additional questions about the need to begin your estate plan as soon as possible or if you’d like to start your planning, consult with a qualified estate planning attorney.

Ryan, Hicks, Cumpton & Cumpton LLP is a member of the American Academy of Estate Planning Attorneys.