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Choosing Your Heath Care or Durable Power of Attorney
While no one wants to think about incapacity, everyone should have a plan to handle his or her incapacity, whether physical or mental. Who would you want to make medical decisions for you or to take care of your finances when you are unable? Making these choices can be emotionally difficult and seem overwhelming. Nevertheless, for successful planning and guidance for your loved ones in the event of your incapacity, making these decisions ahead of time is extremely important.
In planning for incapacity, you should implement a health care power of attorney (HCPOA) as well as a durable power of attorney (DPOA). Both are legal documents that allow you to name another individual to make medical (HCPOA) or financial (DPOA) decisions for you when you are no longer able to make those decisions for yourself. An attorney can easily draft these documents for you, or you can complete the standard power of attorney forms for your state.
Health care power of attorney (HCPOA)
In a HCPOA document, you appoint an agent to be your representative for your medical care. You can also outline your desires for care regarding organ donation, life-sustaining treatment, and feeding tubes. Be sure that the Health Information and Portability Accountability Act (HIPAA) authorization is included in the document as this provision gives your agent the authority to access your medical records and speak to your medical providers about these records.
Durable power of attorney (DPOA)
In a DPOA document, you appoint an agent to be your representative for your legal and financial affairs. The agent can manage a broad range of financial interests for you including paying your bills, accessing your financial accounts, and investing on your behalf. Your agent must act in your best interest.
Consider the following factors when choosing the right person to make health care or financial decisions for you.
| Choosing Your Heath Care or Durable Power of Attorney | ||
|---|---|---|
| Health care power of attorney | Durable power of attorney | |
| Trust | Appoint a representative who you trust completely. | |
| Experience | Consider appointing a family member or friend who works in the medical field for your HCPOA or who is fiscally responsible and/or works in the financial industry as your DPOA. He or she will have more knowledge to help make decisions about your care and/or finances. | |
| Understanding | Choose an individual who will uphold your values even if those values differ from his or hers. Having an in-depth conversation about your values and your wishes, whether health or financially related, with your representative can make this process much smoother. | |
| Detail | Pick an agent who is detail-oriented. An HCPOA should be able to assess and organize data and diagnoses, while making the most appropriate decisions for you. A DPOA should be able to quickly learn your financial picture and be able to act in a timely manner to meet deadlines. | |
| Decisive | Select an individual who is confident and, if necessary, can be assertive in advocating for your wishes and patient rights. Your representative will be your voice and champion to the medical staff serving you. | Select an individual who can make complex financial decisions, if necessary. |
| Location | Having a representative who lives in the same area as you do is extremely helpful. Your representative will need to be in contact with your medical team and, possibly, be at a hospital or other facility to make decisions about your treatment and care. | Having an agent who lives close to you is helpful but not essential. A DPOA agent can easily accomplish many financial tasks from afar, including paying your bills online, monitoring your accounts, and investing your money. |
You may decide to appoint different individuals as your HCPOA and DPOA based on experience and knowledge. Once you determine who you want to appoint as your agents, have a conversation with each person to explain his or her duties as an agent as well as tell him or her your wishes and desires regarding medical care and financial obligations. You may also want to share the location of your medical statements, health insurance cards, and financial documents. Name an alternative agent in case your first named agent is unable to serve as your power of attorney.
After your documents have been signed, review them every five years as your wishes may change. If you experience a life-changing event—divorce, death of a spouse, change in ability of an agent to serve, or a serious diagnosis—you will want to update your documents. Continue to have ongoing conversations with your agents regarding your ideas for your medical and financial care.
Executing HCPOAs and DPOAs will provide you and your family with peace of mind knowing that someone is there to take care of your medical and financial needs if you become incapacitated—a true gift to your loved ones.
« Back
Choosing Your Heath Care or Durable Power of Attorney
While no one wants to think about incapacity, everyone should have a plan to handle his or her incapacity, whether physical or mental. Who would you want to make medical decisions for you or to take care of your finances when you are unable? Making these choices can be emotionally difficult and seem overwhelming. Nevertheless, for successful planning and guidance for your loved ones in the event of your incapacity, making these decisions ahead of time is extremely important.
In planning for incapacity, you should implement a health care power of attorney (HCPOA) as well as a durable power of attorney (DPOA). Both are legal documents that allow you to name another individual to make medical (HCPOA) or financial (DPOA) decisions for you when you are no longer able to make those decisions for yourself. An attorney can easily draft these documents for you, or you can complete the standard power of attorney forms for your state.
Health care power of attorney (HCPOA)
In a HCPOA document, you appoint an agent to be your representative for your medical care. You can also outline your desires for care regarding organ donation, life-sustaining treatment, and feeding tubes. Be sure that the Health Information and Portability Accountability Act (HIPAA) authorization is included in the document as this provision gives your agent the authority to access your medical records and speak to your medical providers about these records.
Durable power of attorney (DPOA)
In a DPOA document, you appoint an agent to be your representative for your legal and financial affairs. The agent can manage a broad range of financial interests for you including paying your bills, accessing your financial accounts, and investing on your behalf. Your agent must act in your best interest.
Consider the following factors when choosing the right person to make health care or financial decisions for you.
| Choosing Your Heath Care or Durable Power of Attorney | ||
|---|---|---|
| Health care power of attorney | Durable power of attorney | |
| Trust | Appoint a representative who you trust completely. | |
| Experience | Consider appointing a family member or friend who works in the medical field for your HCPOA or who is fiscally responsible and/or works in the financial industry as your DPOA. He or she will have more knowledge to help make decisions about your care and/or finances. | |
| Understanding | Choose an individual who will uphold your values even if those values differ from his or hers. Having an in-depth conversation about your values and your wishes, whether health or financially related, with your representative can make this process much smoother. | |
| Detail | Pick an agent who is detail-oriented. An HCPOA should be able to assess and organize data and diagnoses, while making the most appropriate decisions for you. A DPOA should be able to quickly learn your financial picture and be able to act in a timely manner to meet deadlines. | |
| Decisive | Select an individual who is confident and, if necessary, can be assertive in advocating for your wishes and patient rights. Your representative will be your voice and champion to the medical staff serving you. | Select an individual who can make complex financial decisions, if necessary. |
| Location | Having a representative who lives in the same area as you do is extremely helpful. Your representative will need to be in contact with your medical team and, possibly, be at a hospital or other facility to make decisions about your treatment and care. | Having an agent who lives close to you is helpful but not essential. A DPOA agent can easily accomplish many financial tasks from afar, including paying your bills online, monitoring your accounts, and investing your money. |
You may decide to appoint different individuals as your HCPOA and DPOA based on experience and knowledge. Once you determine who you want to appoint as your agents, have a conversation with each person to explain his or her duties as an agent as well as tell him or her your wishes and desires regarding medical care and financial obligations. You may also want to share the location of your medical statements, health insurance cards, and financial documents. Name an alternative agent in case your first named agent is unable to serve as your power of attorney.
After your documents have been signed, review them every five years as your wishes may change. If you experience a life-changing event—divorce, death of a spouse, change in ability of an agent to serve, or a serious diagnosis—you will want to update your documents. Continue to have ongoing conversations with your agents regarding your ideas for your medical and financial care.
Executing HCPOAs and DPOAs will provide you and your family with peace of mind knowing that someone is there to take care of your medical and financial needs if you become incapacitated—a true gift to your loved ones.
« Back
Choosing Your Heath Care or Durable Power of Attorney
While no one wants to think about incapacity, everyone should have a plan to handle his or her incapacity, whether physical or mental. Who would you want to make medical decisions for you or to take care of your finances when you are unable? Making these choices can be emotionally difficult and seem overwhelming. Nevertheless, for successful planning and guidance for your loved ones in the event of your incapacity, making these decisions ahead of time is extremely important.
In planning for incapacity, you should implement a health care power of attorney (HCPOA) as well as a durable power of attorney (DPOA). Both are legal documents that allow you to name another individual to make medical (HCPOA) or financial (DPOA) decisions for you when you are no longer able to make those decisions for yourself. An attorney can easily draft these documents for you, or you can complete the standard power of attorney forms for your state.
Health care power of attorney (HCPOA)
In a HCPOA document, you appoint an agent to be your representative for your medical care. You can also outline your desires for care regarding organ donation, life-sustaining treatment, and feeding tubes. Be sure that the Health Information and Portability Accountability Act (HIPAA) authorization is included in the document as this provision gives your agent the authority to access your medical records and speak to your medical providers about these records.
Durable power of attorney (DPOA)
In a DPOA document, you appoint an agent to be your representative for your legal and financial affairs. The agent can manage a broad range of financial interests for you including paying your bills, accessing your financial accounts, and investing on your behalf. Your agent must act in your best interest.
Consider the following factors when choosing the right person to make health care or financial decisions for you.
| Choosing Your Heath Care or Durable Power of Attorney | ||
|---|---|---|
| Health care power of attorney | Durable power of attorney | |
| Trust | Appoint a representative who you trust completely. | |
| Experience | Consider appointing a family member or friend who works in the medical field for your HCPOA or who is fiscally responsible and/or works in the financial industry as your DPOA. He or she will have more knowledge to help make decisions about your care and/or finances. | |
| Understanding | Choose an individual who will uphold your values even if those values differ from his or hers. Having an in-depth conversation about your values and your wishes, whether health or financially related, with your representative can make this process much smoother. | |
| Detail | Pick an agent who is detail-oriented. An HCPOA should be able to assess and organize data and diagnoses, while making the most appropriate decisions for you. A DPOA should be able to quickly learn your financial picture and be able to act in a timely manner to meet deadlines. | |
| Decisive | Select an individual who is confident and, if necessary, can be assertive in advocating for your wishes and patient rights. Your representative will be your voice and champion to the medical staff serving you. | Select an individual who can make complex financial decisions, if necessary. |
| Location | Having a representative who lives in the same area as you do is extremely helpful. Your representative will need to be in contact with your medical team and, possibly, be at a hospital or other facility to make decisions about your treatment and care. | Having an agent who lives close to you is helpful but not essential. A DPOA agent can easily accomplish many financial tasks from afar, including paying your bills online, monitoring your accounts, and investing your money. |
You may decide to appoint different individuals as your HCPOA and DPOA based on experience and knowledge. Once you determine who you want to appoint as your agents, have a conversation with each person to explain his or her duties as an agent as well as tell him or her your wishes and desires regarding medical care and financial obligations. You may also want to share the location of your medical statements, health insurance cards, and financial documents. Name an alternative agent in case your first named agent is unable to serve as your power of attorney.
After your documents have been signed, review them every five years as your wishes may change. If you experience a life-changing event—divorce, death of a spouse, change in ability of an agent to serve, or a serious diagnosis—you will want to update your documents. Continue to have ongoing conversations with your agents regarding your ideas for your medical and financial care.
Executing HCPOAs and DPOAs will provide you and your family with peace of mind knowing that someone is there to take care of your medical and financial needs if you become incapacitated—a true gift to your loved ones.