Legal Support For Health Care Power Of Attorney

When it comes to healthcare decisions, planning can make a significant difference. A health care directive, otherwise known as a health care power of attorney (HCPOA), can help you clearly state your medical and health care wishes should you become incapacitated.

As a seasoned Missouri estate planning attorney who is licensed/practices in both Missouri and Arkansas, I can help you implement a clear and legally enforceable HCPOA in your estate plan. I’m Angela Artherton, founder of Artherton Law. My job is to gain a thorough understanding of your circumstances, help you make the appropriate requests you want, and find someone in your life whom you can trust to carry out these requests.

Learn more about how I can help you with this process by calling my Cassville office at 417-419-9518.

What Is a Health Care Power Of Attorney?

An HCPOA is a document that can let you appoint a trusted individual to make medical decisions on your behalf if you become physically or mentally incapacitated. This document covers critical decisions, including:

• Treatment options
• Care settings
• End-of-life choices
• Mental health treatment is permitted by state law

An HCPOA can also grant an agent, or the person responsible for carrying out your wishes, access to your medical records. That way, they can effectively communicate your needs and requests to a health care provider.

What Happens With Health Care POAs In The Event Of An Emergency?

If you have a serious medical emergency while incapacitated, medical professionals can provide you with the treatment you need. When critical decisions need to be made about next steps, medical professionals can consult with your health care agent.

What Is A Living Will?

Also known as an advance directive, a living will provides written instructions for your end-of-life care and treatment. It can outline your preferences regarding:

• Life support
• Artificial nutrition
• Hydration
• Pain management (if you have a terminal condition or are permanently unconscious)

While a living will is distinct from an HCPOA, both documents can help others respect your care wishes.

DNR Orders And POLST/MOST Forms

A Do Not Resuscitate (DNR) order is a medical directive signed by a clinician, instructing health care providers not to perform cardiopulmonary resuscitation (CPR) or other resuscitation efforts. Unlike a living will or HCPOA, a DNR is a specific order and cannot serve as a substitute for these documents.

Dispelling Myths Around Medical Decision Authority

Many people think that spouses or parents automatically have full authority over medical decisions. However, this is a common misconception. Without an HCPOA, health care providers may default to conservative options or follow state surrogate hierarchies. Depending on your circumstances, these may not align with your wishes, resulting in family conflict. By including explicit HIPAA releases in your HCPOA, you can make sure your agent has quick and easy access to your medical records.

Can Health Care POAs Work In Another State?

Yes, they typically can. However, if you move somewhere outside of Missouri, other states often have different rules surrounding HCPOA documents.

What To Consider When Choosing A Health Care Agent

Selecting a trustworthy health care agent is vital in fulfilling your wishes and goals. When selecting a health care agent, you want to choose someone who is:

• Trustworthy
• Emotionally stable
• Calm under pressure
• Good at communicating with medical professionals and family members
• Skilled at making tough judgment calls
• Willing to stand up for your choices even when facing pushback from loved ones

Consider naming a primary agent with successors rather than co-agents to avoid potential conflicts of interest. I can help you evaluate the people in your life to determine who would be a good fit for you.

Is It Possible To Have Multiple Health Care Agents?

Yes, you can have multiple health care POA agents. The number of agents you want or need can depend on your circumstances. In many cases, having multiple agents can help those in charge of your medical decisions remain accountable. At the same time, having more than one agent can make it more difficult to come to a final decision about what to do regarding your health care needs.

Create Your Health Care Directive Today – Schedule A Free 15 Minute Call

There’s nothing more important than having a plan in place for your health that reflects your needs, wishes and goals. Please don’t wait, let’s start on yours today. Schedule an initial consultation with my office today by calling 417-419-9518 or sending me an email through my online contact form. I look forward to speaking with you.

Also, if you would like more information on how to have crucial conversations with your health care agent, you can download this guide.

Disclaimer: Laws vary by state, and this information does not constitute legal advice. Please consult with a qualified attorney for advice specific to your situation.