Many of our clients tell us that creating a last will and testament is the first thing that comes to mind when thinking about estate planning. While a will is a fundamental component of successful estate planning, including detailed health care documents in your estate plan is an effective way of ensuring any medical decisions made on your behalf are ones that you would approve of.
One of the main benefits of establishing advance directives is that you, as the creator, have the opportunity to create specific and detailed instructions with regards to the future medical care you wish to receive. Further, by creating advance directives, you have the ability to choose someone to act as your health care agent in the event you are unable to make medical decisions for yourself.
To help you make an informed decision about the types of planning documents you need, let us share three important health care documents that you should consider adding to your estate plan.
- Living Will
A living will is the first of these important health care documents. A living will is a legally-binding document that allows you to lay out your medical wishes in the event you are diagnosed with a terminal illness or experience a serious accident or injury. By creating this important planning document, you can provide as much detail as you like about your future medical treatment and end-of-life care wishes. This will lift some of the burden from your loved ones and will make it easier for them to make decisions about your care that align with your wishes.
- Health Care Power of Attorney
Through a health care power of attorney, you can designate an agent who has the authority to make medical decisions on your behalf in the event you are unable to do so yourself. It is almost impossible to plan for every conceivable circumstance, establishing a health care power of attorney can help accommodate for unexpected situations that arise. We want to share one cautionary note, however, about setting up a health care power of attorney. Be sure to choose someone you trust implicitly as your agent, as these types of decisions can be life and death.
- HIPAA Authorization
In order for your agent to gain access to your medical records as needed, he or she must have HIPAA authorization. HIPAA was created to protect your privacy when it comes to your health. Ensuring that your agent has the authority to access your records will make it easier for him or her to make medical decisions on your behalf if you become incapacitated and are unable to do so. Discuss with your estate planning attorney whether this authorization should be included as a part of your health care documents or as a stand alone document.
These are just a few of the health care documents you can add to your estate plan. Are you ready to discuss your legal planning needs and find out which documents fit best with your planning goals? Do not wait to get in touch with our office. As always, we are here to be a resource for you.