What would happen if you were in a serious accident and were suddenly in need of life-saving medical care but you couldn’t make decisions for yourself or communicate with your doctors?  What if you had a stroke and were in a coma; who would make medical decisions for you?

A lot of people think that if they have a Durable Financial Power of Attorney, then the attorney-in-fact named in that document could step in and make medical decisions in the event of their incapacity.  Unfortunately, a Durable Financial Power of Attorney only gives your attorney-in-fact the authority to manage your financial and legal affairs; it’s useless in medical situations.

The good news is that your estate planning attorney can help you put a Durable Healthcare Power of Attorney in place.  With a Durable Healthcare Power of Attorney, you appoint an agent to communicate with your medical professionals and to make medically-related decisions on your behalf if you’re incapacitated and can’t speak for yourself. You can also use this document to let your agent know what kinds of treatments you do and don’t want, so that he or she has guidance in making decisions for you.

Without a Durable Healthcare Power of Attorney, it’s likely that your family would need to go to court to have someone legally appointed to make decisions on your behalf if you were rendered unable to make your own healthcare decisions.  This can be a financial and emotional nightmare for your family, and it can result in the appointment of someone you might not necessarily want making life-altering decisions for you.

Incapacity planning is an essential part of your estate plan and a piece that The Law Offices of Cheryl David is ready to provide.  If you haven’t made provisions for what would happen in the event of a medical emergency, you should call us immediately to set up a consultation (336) 547-9999.

The Law Offices Of Cheryl David is a member of the American Academy of Estate Planning Attorneys.

Tags: Healthcare Power of Attorney

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