Planning Ahead Article
The Importance of Assigning a Medical Power of Attorney
A health care power of attorney, also known as a health care proxy or an advance health care directive, is a legal document that specifies a person to oversee your medical care if you become incapacitated from an illness and are no longer able to communicate. This surrogate-decision maker (designated by you) is referred to as an agent, and is able to make decisions regarding your health. The healthcare proxy gives the agent certain powers including opting on surgery, and terminating life support or an artificial feeding apparatus. Although these forms are widely available online it is sometimes best to hire a legal advocate familiar with the law to ensure that your wishes are fully met.
Health care proxies are not a one-size-fits-all solution, and a legal advocate familiar with the process can help safeguard you from accidentally omitting certain rights from your agent’s authority. Creating a personalized healthcare proxy ensure that your individual moral beliefs and intentions will be honored and accurately represented.
Important Things To Remember:
Comments:
- You are not able to designate your medical provider or their employees as your agent
- In some states, if you designate your spouse as your agent and later divorce, their rights as your agent are automatically dissolved (The Arizona revocation and disqualification statute can be found here ARS 36-3202)
- Designate an alternative agent just in case your primary agent can no longer fulfill their duties
- Many states require the completed document to be signed by a witness (or two) in a notary's presence to make the document valid (Arizona requires a witness under ARS 36-3221)
A medical power of attorney is by no means an irrevocable document. Should you become reasonably healthy or you revoke the agent's privileges then the document is terminated and considered invalid. If there was a time constraint outlined on the power of attorney then the agent's privileges will naturally expire on that date.
As always, feel free to ask your medical providers for assistance as it is their job to protect your interests and allow you a defree of control over your medical care. Creating a medical power of attorney will ensure that no matter what the future may hold, decisions regarding any medical treatment and care are in line with your own desicres and expectations.
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QUESTIONS
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When my mother was living she put my sister's name on my decease fathers money and now she has passed. What should be done with the money my sister has. Shall if be divided among the siblings?
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Where can I find an online form for a Power of Attorney that I can print?
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my wife left my kids and i. i want to know my rights if my wife wants to move back in and tries to make me leave?
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Will my beneficiaries’ inheritance be taxed?
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I am a double lung transplant recipient and even though my doctor says that I cannot return to work, CIGNA looked at my hospital records and a panel cancelled my waiver for my Life Insurance premiums from my employer benefits. Can they do this? My life expectancy is short, about 5 years on average. My wife and I are on disability and they want a quarter of the premium to appeal their decisions. We are debt free don't want to acquire more debt to fight this. Can someone help?
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Hi, my kids and I I live and take care of my mom and dad and I make sure my father gets to his appts, takes pills etc, and my moms on hospice and i am both the medical power of attorney for them. I am the youngest of 8 and I fear that is something happens to my parents and their home is under my dad and brother that comes around every cpl days for a bit then leaves. Is there or should I do something now before its too late in order for us not to be in the street after parents pass. I pay all the bills and property taxes and I dont want the place under my name I just dont want my brother to get mad cuz he drinks and gets dumb and threatens to kick us off his property for telling him not to drink here. Now us is myself and 3 daughters. we all take care of my parents.
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When and how to contact a fiduciary.
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Where do I go for help writing a will?
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Can I just leave my savings in a bank account for later use?
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what does the law say I must do if my wife dies during the night. we have a living will, power of attorney. donator list and we don't want heroic measures if there won't be s good out come. we want to be cremated (in paperwork) can I just drive her to the hospital etc?
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