Most people have heard of the term “medical power of attorney” but I think many aren’t clear on exactly what it is or how it might be useful. So let’s begin by defining it: A medical power of attorney (also called a healthcare power of attorney) is a legal document that allows an individual to empower another person to make decisions about their medical care if they are unable to do so for themselves.
Here are some misconceptions about what happens if you don’t have a medical power of attorney in Cincinnati, Ohio.
- You don’t need a medical power of attorney if you are married because your spouse knows what you would want to happen should you become incapacitated. (Wrong! Healthcare privacy laws and practices are becoming increasingly strict and increasingly enforced. If you have not already named your spouse to act on your behalf with a legally executed medical power of attorney document the healthcare providers might not allow it. Crazy as that sounds, it has happened.)
- You don’t need a medical power of attorney because you have a living will. (Wrong! A living will is enacted ONLY if you are in a permanent state of incapacity and is designed to address end-of-life situations. For example, if you are incapacitated due to an auto accident, maybe in a medically induced coma but expected to come out of it, the living will does not apply.)
Having a medical power of attorney makes good sense for every single adult in Cincinnati, Ohio. This is not just for the elderly. If you drive a car, do your own home repairs, ride a bicycle, or even take a walk … you could very unexpectedly land in the emergency room whatever your age. And another word of warning … during a medical emergency is NOT the time to discover your medical power of attorney is not legally acceptable. The best way to ensure your medical power of attorney is legally acceptable is to work with an experienced estate planning attorney. I am more than happy to help you with all your estate planning needs, whether it is a will, a trust, a living will, or medical power of attorney. Please call me at 513-399-7526 to schedule a consultation or visit my website at https://davidlefton.com/services/estate-planning-basics/