WHY DO I NEED A MEDICAL POWERS OF ATTORNEY?
The Importance of Medical Powers of Attorney/Healthcare Directives
A Medical power of attorney or medical power of attorney is a simple legal document that allows for family members to communicate with healthcare professionals and make decisions regarding healthcare needs during medical crisis when you can no longer make these decisions for yourself. The Medical power of attorney or medical power of attorney must include the HIPAA consent (healthcare information release) language for family members to communicate with hospitals and healthcare providers such as your doctors in time of medical crisis. HIPAA is commonly known as the Healthcare Information Portability Accountability Act. The HIPAA consent language must be contained in your Medical powers of attorney.
Communication and Decision-Making Powers During Times of Medical Crisis
All proper estate planning should always include a Medical power of attorney with HIPAA consent. These documents allow for family members to communicate with doctors and pharmacies regarding your medication and assisted care living facilities. Imagine how frustrating it would be for your spouse, children, and loved ones to NOT be able to communicate and find out how you are doing should you be needing to be hospitalized for any reason. While this is a ridiculous and unbelievable possible consequence when you do not have a Medical powers of attorney with HIPAA consent, the fact remains, as a matter of law, your family will NOT be able to communicate regarding your health status.
Negative Impact of Not Having a Medical Power of Attorney
We have frequently witnessed the negative consequences to our clients and family members when they do not have a Medical powers of attorney with HIPAA consent, as well as the ease of our clients to be able to communicate with medical professionals and make decisions regarding your healthcare needs during times of medical crisis when you are not able to act.
Mandatory Statutory Language
There are specific statutory laws and form to properly create a Medical powers of attorney with the HIPAA consent. In addition, provisions need to be made for both State and Federal requirements such as Medicare and Medicaid. Few Medical powers of attorney we have reviewed cover all of these issues. We have created the most comprehensive Medical power of attorney with HIPAA consent to cover all of your healthcare needs during times of medical crisis, both State and Federal.
Strategic Language that Should Be In Your Medical Power of Attorney
Some legal documents provide that a Medical power of attorney only comes into effect only when the principal is unable to make or communicate responsible decisions concerning his/her healthcare because of incapacity or disability. THIS IS A BAD CHOICE. Who determines and how it is determined that the principal is unable to make or communicate responsible decisions concerning his/her healthcare? This issue leads to confusion and ambiguity which will block your family members from being able to communicate regarding your healthcare status during times of medical crisis. This is exactly what you do NOT want. To avoid this confusion, we strongly recommend that your Medical power of attorney be effective immediately upon signing to avoid the need to prove your inability to act before family members can communicate (call the hospital) or find out the status of your health during times of medical crisis.
Want further information? Have questions? We are available to discuss these points with you at no charge.
We are ready to draft your Medical Power of Attorney immediately. Contact us or call us at (520) 797-1400 to discuss any questions you may have and provide us the necessary information to complete your documents.
