In the “old days,” if an individual had a legally acceptable, up-to-date will, they were relatively set. Today, if you have a current, legally acceptable will, frankly, that is just the beginning. While the other recommended documents don’t require much time or effort to create, their benefits are huge. Today, I’ll just address one of them: the Healthcare Power of Attorney.
First, what is it? According to the Ohio Bar Association’s website: “A healthcare POA, A health care power of attorney (or durable power of attorney for health care, sometimes known as a DPOA or health care proxy), is a legal document that authorizes another person (your agent) to obtain your health information and to make health care decisions for you. You can allow your agent to get your health information and communicate with your health care provider at any time, but health care decisions can be made for you only if and when you cannot make health care decisions for yourself.”
What, then, are the consequences of NOT having that legal document if/when you are in a medical situation and, for example, you are in a coma and cannot make your own healthcare decisions?
Possible Confusion and Conflict
Not having a person designated to make decisions on your behalf can cause conflict and confusion between family members and healthcare providers.
Possible Court Intervention
Given the absence of the healthcare POA or in the case of significant conflict the court may appoint a guardian or conservator to make decisions for you. This can be time-consuming, costly, and possibly result in someone making decisions who might not fully understand or agree with your wishes.
Delayed Medical Care
Any conflicts, confusion, or court actions are likely to delay decisions related to your care. This can be critical in emergencies when action needs to be taken.
Unwanted Treatment
It is possible that if your preferences are not known, you could receive medical treatments you would not have wanted had you been able to speak for yourself.
Burden on Your Family
Hospital staff can attest to what they see every day when a loved one comes to the ER and the family members rush in. In the absence of a healthcare POA, family members may be forced to “guess” what their loved one would want in a serious situation. Should they bear the burden of this kind of decision when it can so easily be addressed by having a legal document that explicitly lets them know your wishes? Why put them through that?
Having a will is a great start, but adding a Healthcare POA to your estate plan is better. It doesn’t take long to create one, and it gives you enormous peace of mind. I’d be happy to talk with you about this and other legal documents that will help protect your hard-earned assets and loved ones. Call me at 513-399-7526 or visit my website, www.davidlefton.com, for more information.