What is a Healthcare Power of Attorney? How to Obtain One and Who You Should Name as Your "Agent."

Most people do not like to think about worst-case scenarios like what would happen if they were to become incapacitated. As lawyers, we are trained to think about all the possibilities and to prepare our clients for unexpected events. In that vein, think about who you would want to make healthcare decisions on your behalf if you were unable to do so due to incapacity. In today’s world of longer life expectancies, it is more important than ever to plan for your future, as your healthcare agent named in a Healthcare Power of Attorney could be responsible for determining your long-term care needs for many years. Today’s blog post covers some basic information regarding Healthcare Powers of Attorney and how you could benefit from having one.

What is a Healthcare Power of Attorney?
A Healthcare Power of Attorney is a legal document which allows you to name a person as your designated “agent” to make healthcare decisions on your behalf if you are unable to make those decisions for yourself. It gives broad authority to the agent to act in incredibly important healthcare situations where you are unable to make decisions.
You can also specifically direct your agent regarding how you want certain healthcare decisions to be made. For instance, to whether to withhold or discontinue life-prolonging measures like artificial nutrition or hydration, whether to authorize an autopsy, and how to dispose of your remains.

Sometimes, it makes sense to sign both a Healthcare Power of Attorney and an Advance Directive (sometimes referred to as a “Living Will”) at the same time to prepare for unexpected healthcare scenarios. Many people also execute all four major estate planning documents (Will, Durable Power of Attorney, Healthcare Power of Attorney, and Advance Directive) at the same time as an overall estate planning strategy.

Who should my healthcare agent be?
Most people choose their spouse, a family member or very close friend as their healthcare agent. You want to have discussions with your healthcare agent about your general wishes for healthcare and make sure your agent is on board fulfilling the role as you see it. While it may be uncomfortable, it is very important to discuss your wishes regarding potential healthcare scenarios with your healthcare agent including your desires regarding surgery, long-term care wishes, experimental medicine, and other common issues that might arise should your agent be called to serve in the role.
It is wise to identify one or more back-up agents in case your first choice is unavailable at the time a healthcare decision needs to be made on your behalf.

Who needs a Healthcare Power of Attorney?  
Anyone who is over the age of eighteen could benefit from having a Healthcare Power of Attorney. It is especially imperative to have a Healthcare Power of Attorney if you are divorced, at an advanced age, or if you do not want your next-of-kin to be the person who makes your healthcare decisions should you become incapacitated. A Healthcare Power of Attorney provides you with the assurance that the person(s) you trust the most will be handling your healthcare decisions should you become incapacitated.

How do I get a Healthcare Power of Attorney?
It is best to work with a lawyer who is qualified and knowledgeable regarding your state-specific laws to prepare a Healthcare Power of Attorney document. The Healthcare Power of Attorney must be signed by you in front of a notary public and witnessed by two disinterested witnesses (people who would not provide you with medical care and would not inherit from you if you died without a will).

Can I revoke or change my Healthcare Power of Attorney?
Yes, you can revoke your Healthcare Power of Attorney at any time while you maintain the capacity to do so. If you previously had your spouse as your agent, but then subsequently divorced, your Healthcare Power of Attorney is automatically revoked upon divorce.

What should I do with my Healthcare Power of Attorney once it is executed?
Inform the person you have chosen as your healthcare agent. Discuss the Healthcare Power of Attorney document with your agent and your physician(s) and give each a signed copy of the Healthcare Power of Attorney to keep on file. Let your agent know where the original is stored, should they need it. You can provide your Healthcare Power of Attorney to a hospital system or healthcare facility you frequent to keep on file in your electronic medical records.

In North Carolina, you can also file your Healthcare Power of Attorney with the North Carolina Advance Health Care Directive Registry. You will thereafter receive a registration card with a QR Code on it that can be scanned to access your Healthcare Power of Attorney document quickly and easily, should the need arise.  

​Please click the button below to schedule a consultation or reach out to us by phone to discuss the preparation of your Healthcare Power of Attorney as an overall strategy for your estate planning needs.  

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