Why Everyone Should Have a Health Care Power of Attorney

A Health Care Power of Attorney is a document that authorizes another person to make medical decisions for you if you are unable to do so. There are many different situations that could result in a person being unable to make or communicate medical decisions and these situations can affect not only senior citizens, but younger adults as well. A person may be rendered unable to make medical decisions as a result of a car accident, head injury, stroke, heart attack, mental illness, dementia, or any number of other events that could render the person unconscious, incompetent, or unable to communicate.

When a person is unconscious or suffering from mental impairment and is hospitalized or in need of medical attention, medical personnel need to know who is authorized to make decisions on the person’s behalf. If no Health Care Power of Attorney exists, the law designates the person’s next of kin, such as a spouse or children, as the individual or group of individuals authorized to make decisions on the person’s behalf. If there is no spouse and multiple children, this can lead to difficulties in locating and consulting with all of the children and sometimes the children cannot agree on how to proceed. If the spouse has dementia or another condition that renders that individual incapable of making informed decisions about the person’s medical care, this can lead to complications as well. If the person has a longtime partner or other loved one who is not the legal next of kin, this individual will not have any right to make medical decisions on the person’s behalf without a Health Care Power of Attorney. If no next of kin can be located and no Health Care Power of Attorney exists, the person’s doctor will need to petition a court of law to authorize medical treatment for the person.

In order to ensure the person you want to make decisions on your behalf is properly authorized to do so, you should complete a Health Care Power of Attorney that meets the legal requirements of your state of residence. The person you designate to make your medical decisions is called your Health Care Agent. Your Agent needs to be a mentally competent adult. It is wise to name at least two back-up Agents in case your first choice of Agent is unable or unwilling to act if and when the time comes. In North Carolina, the law requires that your Health Care Power of Attorney document be signed by you, notarized, and signed by two additional witnesses who are not related to you and who are not licensed health care providers at a facility where you are receiving care. You should give a copy of your Health Care Power of Attorney to your primary care physician to the person you name as your Agent. You may also choose to register the document with the Secretary of State in North Carolina, so your document can be uploaded into a statewide registry and made available to medical providers throughout the state.

Strauss Attorneys PLLC., with offices in Hendersonville and Brevard, North Carolina. Erica can be reached at (828) 696-1811 or contact her here and she is happy to answer any questions you may have or to provide you with a free consultation regarding your estate planning needs, including Medicaid planning, wills, trusts, and more.