Sadly, death
or mental incapacity due to illness or accident may strike at any time.
Executing these documents NOW, while healthy and competent will prevent the
need for unnecessary court intrusion and expense, and unintended consequences!
With respect to creating these ‘NO
MATTER WHAT DOCUMENTS’… there is no time like the present! There are two kinds of Powers of Attorney, one is for
health care and medical decisions and the other is for financial decisions.
Both of these are important for you and your loved ones to have.
1.
Choosing a Personal Representative for Health Care Decisions
The Advance Health Care
Directive allows you to make decisions about the ability to keep you alive in
certain circumstances. This may include life support, artificial nutrition or
hydration. You may also specify any medications you would want or where you would
like to spend your last moments. These documents are flexible and help your
family members guide you through your last wishes.
Executing an Advanced
Health Care Directive (medical durable power of attorney) assigns the
person of YOUR CHOICE to act on your behalf to make medical decisions if you are
mentally incapable of making those decisions yourself, without the need of
proceeding to court for an appointed conservator of your person.
2. Choosing
a Personal Representative for Financial Decisions
For financial decisions, you, as the
principal, appoint one or more people to be your “attorney-in-fact” to all of
your financial decisions. Your attorney-in-fact can make all the same financial
decisions regarding your assets and liabilities as you can.
Power of Attorney can
take effect immediately or be specified to take effect when you become
incapacitated or incompetent as declared by one or more physicians. This is why
the power of attorney is considered durable, because it survives your
incapacity or incompetency.
Executing a Durable
Power of Attorney identifies a the
person of YOUR CHOICE to act on your behalf to make financial decisions if you
are mentally incapable of making those decisions yourself, without the need of
proceeding to court for an appointed conservator of your estate (assets).
3. Choosing
a Personal Representative for Communications with Doctors and Medical
Facilities
Under the
HIPAA Privacy Rule, an individual may authorize release of his or her protected
health information (PHI) to only a specific person(s). Executing a HIPAA Release Form allows your doctor
to speak with those you designate regarding your health issues if you are
mentally incapable… even for a short time.
Take advantage of a free phone
consultation or appointment for a free 30 minute consultation to review your
individual situation and determine if you would benefit from our experience and
legal services.
For more information go to www.la-lawcenter.com or call us at:
Local Phone: (818) 241-4238 or
Toll Free Phone: (877) 537-8283
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