What is a Health Care Power of Attorney?
A Health Care Power of Attorney (also known as a durable power of attorney for health care or a health care proxy) is a legal document that allows you to appoint someone you trust to make health care decisions for you if you become unable to do so yourself. This person, referred to as your “agent,” can obtain your health information and communicate with your health care providers to ensure that your medical treatment preferences are respected.
Key Features of a Health Care Power of Attorney:
- Appointing an Agent: You can select any adult you trust as your agent, except your doctor or any staff member at the health care facility where you are being treated.
- Scope of Authority: Your agent can make a wide range of health care decisions on your behalf, but only if you are unable to make them yourself. This includes decisions regarding treatments, procedures, and care plans.
- Consistency with Your Wishes: The agent is legally bound to follow your stated wishes regarding your medical treatment. If your preferences are not known, the agent must act in your best interest.
Limitations of a Health Care Power of Attorney:
There are some restrictions on what your agent can decide. For instance, your agent cannot:
- Withdraw life-sustaining treatment unless two physicians confirm you are in a terminal condition or permanently unconscious state.
- Withdraw artificially supplied nutrition or hydration unless you are terminally ill or permanently unconscious and two physicians agree it will not provide comfort or relieve pain.
- Refuse or withdraw consent to health care if you are pregnant and such action would end the pregnancy unless it poses a substantial risk to your life or the fetus would not survive.
What is a Living Will?
A Living Will is a legal document that outlines your wishes regarding the use of life-sustaining treatment if you are in a terminal condition or permanently unconscious. It specifically addresses whether you want to receive artificial life support, such as a ventilator or feeding tube, in situations where recovery is not expected.
Key Features of a Living Will:
- End-of-Life Decisions: It becomes effective only when you cannot communicate your wishes and are either terminally ill or permanently unconscious.
- Control Over Treatment: It allows you to state your preferences regarding the use or withdrawal of life-support treatments, such as resuscitation, mechanical ventilation, and artificial nutrition and hydration.
- Pain Management: A Living Will ensures that you will continue to receive pain relief and comfort care, even if you have chosen not to prolong your life with artificial means.
How Do a Health Care Power of Attorney and a Living Will Work Together?
While both documents serve important functions, they address different aspects of your medical care. A Health Care Power of Attorney designates someone to make health care decisions for you in a variety of situations, while a Living Will specifically outlines your wishes for end-of-life care. Together, they provide a comprehensive plan for your medical treatment when you cannot speak for yourself.
Every adult should have a Health Care Power of Attorney. Whether or not you choose to sign a Living Will is a personal decision that depends on whether you want your agent deciding to withdraw life support of you are permanently unconscious, or whether you want to make your decision in advance, with the goal of taking the decision off the shoulders of your agent.
Who Should You Choose as Your Agent?
Choosing the right person to act as your agent under a Health Care Power of Attorney is crucial. This person should be someone you trust to make decisions in line with your wishes and values. It does not have to be a family member; you can appoint any adult who is not your doctor or a staff member at your health care facility.
Changing or Revoking Your Health Care Power of Attorney or Living Will
As long as you are mentally competent, you can change or revoke your Health Care Power of Attorney or Living Will at any time. It’s important to notify your agent, family members, and health care providers of any changes. Make sure to keep updated copies with your personal records, and consider discussing your decisions with those closest to you to ensure they understand your wishes.
Why You Need a Health Care Power of Attorney and Living Will
Both documents are essential parts of any comprehensive health care plan, regardless of your age or health status. They help prevent confusion, reduce stress on your loved ones, and ensure that your medical treatment aligns with your values. Having these documents in place can also prevent the need for court-appointed guardianship, which can be a lengthy and costly process.
Getting Help With Financial Powers of Attorney
We serve clients looking to create a advance directives such as a Health Care Power of Attorney and Living Will in Franklin, Delaware, Licking, Fairfield, Pickaway, Madison, Union, and other Central Ohio counties.
When we meet to discuss your health care directives, we can also assist you with the other important estate planning documents.
