Having a healthcare advocate or healthcare power of attorney selected is an important part of a complete estate plan. However, simply having your selection in writing is often not enough. In addition to having both a living will and healthcare power of attorney, I always recommend clients talk with those individuals they have chosen to act as patient advocates regarding what their healthcare wishes entail. While it may not be an easy conversation to have, it is an extremely important one.
The last thing you would want is to put your loved ones in a difficult position where they are making decisions on your behalf and are unclear as to what you would want in any given situation. While a living will details specific scenarios, including being in a vegetative state with no possibility of recovery, health care decisions are rarely black and white, clear-cut determinations. A healthcare power of attorney form normally allows broad discretion for the power of attorney to make decisions on your behalf with respect to medical and psychological care. That discretion allows the person to make decisions on your behalf, but it also leaves a lot of gray area and uncertainty. Unless your healthcare power of attorney is clear on your wishes, this broad discretion could be putting him or her in a very difficult position.
After your estate plan is executed and finalized, I provide you with hard copies, as well as digital copies, of your estate documents, including your healthcare power of attorney and living will documents. Provide these to your healthcare power of attorney so that he or she has them on hand in an emergency situation. Providing them your documents is a perfect opportunity to have this important discussion. What are your views on being on life support in the event you are in a vegetative state? Do you wish to be intubated and receive pain medication to keep you as comfortable as possible, or do you want to be kept alive for as long as possible despite medical advice? All of these answers should be clearly provided to your healthcare power of attorney. Make sure that he or she clearly understands these wishes. Also make sure that your power of attorney feels comfortable advocating on your behalf in these difficult situations. If he or she expresses doubts or concerns, you may consider appointing someone else for this important position.
At Sullivan Law, we offer estate planning packages at a flat and reasonable fee. We also offer free consultations to discuss what your needs are, what you would like to do, and how that can be best accomplished. Everyone’s needs are different, and your wishes should be clearly listed and understood. Call us at 248.917.1351 or email at asullivan@sullivanlawonline.com to schedule your free consultation today. We look forward to working with you!