What is a Healthcare Power of Attorney (“Living Will”)?

When people think of Estate Planning, they may think of a will detailing where they want their assets and property to go when they die. However, depending on the individual's circumstances, an estate plan can include several additional documents such as a durable power of attorney or healthcare power of attorney. It is often recommended that an individual include a healthcare power of attorney in their estate plan.

What is a Healthcare Power of Attorney?

A healthcare power of attorney is a legal document that names agents and clearly states what an individual wants should they face an end-stage medical condition. A healthcare power of attorney can help ensure that your medical care preferences are followed.

Only 45% of Americans have a healthcare power of attorney, according to a  Gallup poll. Many people wait until they are older to draft one, but you can become incapacitated at any age. If you don't have a healthcare power of attorney and become incapacitated, decisions regarding your healthcare needs may fall to your closest family member, who will need to make some difficult decisions during a very emotional time. If you create a healthcare power of attorney while you are healthy, you can take your time and calmly think about what type of medical care you would prefer if you can no longer speak for yourself. A healthcare power of attorney helps ensure your wishes are followed, providing peace of mind. 

Tips for Drafting a healthcare power of attorney

When drafting a healthcare power of attorney, you should consider any possible health issues you might potentially experience, which is where an estate planning attorney can help. Some considerations include:

• Talk with family members and close friends to help you make those tough decisions, and so they are aware of your preferences should there come a time when you can no longer make decisions for yourself.
  
  
• Decide on an agent – someone who can make healthcare decisions on your behalf.
  
  
• Hire an experienced estate planning attorney to draft your living will to ensure it is clearly written and does not leave anything open for interpretation.
  
  
• Ensure the proper individuals (such as your primary care physician, your immediate family, etc.) have a copy of your healthcare power of attorney to help ensure that your wishes are followed.

Need an Experienced Estate Planning Attorney?

If you do not create your estate plan today, tomorrow may be too late. Considering preparation now while you can make those important decisions to protect your family and yourself. If you are looking for an estate planning lawyer who will efficiently and effectively provide estate planning and trust services, look no further than the estate planning attorneys at Bingaman Hess.

Contact us today at 610.374.8377 or find us online.