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This is not a very pleasant subject to contemplate, but you may become unable to communicate decisions when you are experiencing a medical condition. You use advance directives for health care to state your wishes in a proactive manner.
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Your incapacity plan will start with a living will, which is a document that has nothing to do with financial asset transfers. In a living will, you state your preferences regarding the use of life-sustaining measures.
These would include feeding tubes, artificial hydration, cardiopulmonary resuscitation, and mechanical ventilation. You can actually itemize your choices with regard to each different type of life-support if you choose to do so.
A living will can also include your organ and tissue donation designations. If you have personal preferences regarding the use of comfort care medications, you can make your wishes known in your living will.
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This is a very good question, and this is why you need more than one advance directive for health care.
Most people are aware of the fact that a power of attorney can be used to give someone else the ability to act on your behalf in a legally binding manner.
There are general powers of attorney that grant sweeping powers for all different types of decision-making, and there are limited powers of attorney.
A standard power of attorney would no longer be in effect upon the incapacitation of the grantor. However, a durable power of attorney would remain effective, and this is the type of POA that should be used for incapacity planning purposes.
Your plan can include a durable power of attorney for health care to name an agent to make decisions on your behalf if it becomes necessary. You can add an alternate agent to assume the role if the first choice is not available for some reason.
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In fact, the answer is no because of a provision that is contained within the Health Insurance Portability and Accountability Act (HIPAA). This measure was enacted in 1996 to ensure patient privacy.
When you are developing your incapacity plan, you should include a HIPAA release to give the agent the ability to speak freely with your doctors. You can also grant this access to other people if you choose to do so.
While we are on the subject of the HIPAA release, we should share some added insight. The protections extend to all adults, including young people after they celebrate their 18th birthdays.
You should keep this in mind if you have children, because you would not be able to communicate openly with their physicians unless they have signed releases.
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Your incapacity plan should go beyond the health care concerns and address financial matters as well. You could execute a durable power of attorney for property to empower a representative to handle your financial affairs.
If you have a revocable living trust, you would act as the trustee while you are alive and well. In the trust declaration, you can name a disability trustee to assume the role if you become incapacitated. This can apply to physical incapacity along with cognitive impairment.
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Schedule a Consultation Today!
As you can see, there are a number of different bases that should be covered when you are planning your estate. This is one of the reasons why you should discuss everything in detail with a licensed Los Angeles estate planning attorney.
When you choose our firm, we will put you at ease and gain an understanding of your situation. After we make recommendations and you decide to move forward, we will develop a custom-crafted plan that is ideal for you and your family.
You can set the wheels in motion right now if you give us a call at 310-337-7696, and you can use our contact form if you would rather send us a message.
