We live the advice we give, making us the perfect legal partner. With 15+ years as an attorney, homeowner, real estate investor, and entrepreneur - we know how to turn obstacles into opportunities.
We live the advice we give, making us the perfect legal partner. With 15+ years as an attorney, homeowner, real estate investor, and entrepreneur - we know how to turn obstacles into opportunities.
A Healthcare Power of Attorney (HCPOA) is a type of Durable POA, which allows you, as principal, to appoint an agent to make decisions regarding your healthcare if you are no longer able to do so. It enables you to decide who will be in charge of your healthcare if you are incapacitated. By appointing an agent, you are able to choose someone that has the same values as you and knows how you would want to proceed in certain situations. Speak with a Chicago Healthcare Power of Attorney lawyer to learn more about HCPOAs.
A health care agent has many responsibilities and rights, including:
Acting in good faith when they make healthcare decisions on your behalf
Deciding whether to consent or withdraw from certain medical treatment
Maintaining records of all expenses incurred for your medical care
Requesting medical care on your behalf
Following the directions laid out in any legal documents, such as the living will
Having you admitted to a medical facility for treatment
Retaining copies of all your medical documentation
Because of the time and energy invested in being a health care agent, it is not a responsibility everyone will agree to take on. Before executing your HCPOA, have a talk with the person you intend to serve as your health care agent to ensure they consent to the role. Even when your first choice agrees to serve as your HCPOA, it is a good idea to appoint a “back-up” agent. Your initial choice may change their mind, or they may be unable to serve when the time comes.
Perhaps one of the most appealing aspects of an HCPOA is that it can be personalized for your personal needs and wants. An individualized plan ensures your medical decisions and wishes are known at the time when it matters the most. Some of the ways that an HCPOA can be personalized include:
By stating whether or not you want certain life-sustaining measures, such as resuscitation, performed if and when you die
Clarifying if you want specific treatment options, such as amputations and blood transfusions
By stating whether or not you wish to donate your organs at the time of your death
Clarifying any care options that may be contradictory to your religious or personal beliefs
HCPOAs are important legal documents that help ensure your healthcare wishes are carried out. Here are a few facts about HCPOAs:
After executing an HCPOA, it is a good idea to give a copy to your designated health care agent as well as your doctor.
Your HCPOA enables you to describe the powers you want your agent to have. You may limit them in scope or make them extremely broad.
Your HCPOA must be executed while you are of sound mind and able to make your own health care decisions.
A valid HCPOA must be signed in front of a witness that is at least 18 years of age. The witness must sign the HCPOA as well.
There are requirements as to how the HCPOA must be executed in order for it to be considered legally valid.
You maintain the ability to terminate the HCPOA or change its terms.
In the event you do not execute an HCPOA or other legally binding document that designates your health care choices, your doctor may be able to identify a person, called a surrogate, to make medical decisions on your behalf.
An HCPOA is a document you should have in case the unexpected happens and you are not able to make your own healthcare decisions. Schedule a consultation to speak with a Chicago Healthcare Power of Attorney lawyer at Enterprise Esquire to learn about your options and how an HCPOA can be beneficial for you.