Have you considered the use of a HIPAA waiver in your estate plan?  It’s a necessity for every adult.  As you begin to get your estate plan affairs in order, you will come across many legal documents and tools that will allow you to be better prepared for the future.  With a HIPAA waiver, it’s possible for your health care agents (i.e. those named in your health care power of attorney) to communicate with your medical professionals.  Without this document, your loved ones may be unable to offer assistance. Take a look at the following information, to learn more.  If you have any questions, or if you’d like to execute a HIPAA waiver, contact an estate planning attorney.

What is HIPAA?

The Health Insurance Portability and Accountability Act of 1996, also known as HIPAA, is a legislation that was created to help individuals protect their medical privacy.  With the use of a HIPAA waiver, you can ensure that your loved ones will be able to have access to your medical records if you’re ever involved in a crisis or medical emergency.

This tool is especially important for college students.  If your child is over the age of 17, you no longer have legal authority to access his or her medical records.  Without this form, you may be unable to help your child.

Your attorney can advise you on how a HIPAA waiver fits in with your overall estate plan.  If you’re taking the time to utilize health care directives in your estate planning, your attorney will likely suggest the use of this planning tool.  With additional documents, you can have a comprehensive plan in place so that you’re protected during medical emergencies.

If you have any questions about how a HIPAA waiver fits in with your planning, or if you’d like to discuss the use of health care directives, consult with a qualified estate planning attorney.

Co-Executor, PLLC is a member of the American Academy of Estate Planning Attorneys.

If you are considering creating a healthcare power of attorney document, you may be confused about its use.  It’s important to consider this document, so that you are prepared in the event of an emergency.  We’ve outlined answers to some common questions regarding the use of healthcare power of attorney documents.  If you have any additional questions, or if you’d like to create your healthcare power of attorney, meet with our estate planning attorney.

Do I also need a living will?

A living will is another recommended estate planning document.  A living will allows you to plan out your medical treatment wishes ahead of time. With this document, you will discuss end of life treatments and procedures.  If you execute a healthcare power of attorney document, your agent won’t be able to go against the treatment wishes that you include in your living will.

When does my healthcare power of attorney document become effective?

Your document will become effective when you’re unable to make your own medical decisions.  This means that you are unable to communicate your healthcare wishes and may not understand the consequences of the medical decisions that you make.  If you become seriously disabled or incapacitated, your document will be effective.

Why do I need this document?

You need a healthcare power of attorney if you want to have control throughout your lifetime.  There may be a time when you’re unable to make your own decisions.  If you want your medical care to be in great hands, you want to have a say in who is making decisions on your behalf.

If you have any additional questions about the use of this document or if you’d like to create your own healthcare power of attorney document, consult with our qualified estate planning attorney.

Co-Executor, PLLC is a member of the American Academy of Estate Planning Attorneys.

If you are starting your estate planning, you may be considering the use of a healthcare power of attorney document. This can be a great way to be prepared in case you are ever involved in a medical emergency. You can make sure that your medical needs will be met and that you have someone who will act in your best interest during your time of need.  We’ve outlined answers to common questions regarding the use of this document.  If you have any additional questions or if you’re ready to create a power of attorney document, meet with our estate planning attorney.

What is a healthcare power of attorney?

A healthcare power of attorney is a legal document that allows you to appoint an agent.  This agent is responsible for making sure that your medical needs are met and helping to make important healthcare decisions on your behalf.  Your agent is authorized to communicate with your medical professionals and access your medical records.  This allows you ensure that your needs are met, even if you are unable to make your own decisions. If you ever become incapacitated, you will want this document in place.

What can my agent do?

Your agent will be able to help you in a number of ways.  He or she will be able to communicate with medical staff members on your behalf.  This includes discussing your condition, treatment options, and your needs. Your agent will be able to make important medical decisions such as hiring a doctor and deciding in what facility you will receive treatment.  He or she will also make sure that you are receiving the best treatment possible and that all of your needs are met.

How do I choose an agent?

You want to choose someone who is honest, caring, and reliable.  Your agent should feel comfortable discussing your care with medical professional.  He or she should also be willing to commit to all responsibilities and time requirements needed to help you during your need.  Your agent should also feel comfortable discussing difficult decisions including treatment options.  Talk with your agent ahead of time to make sure that he or she is comfortable with the job duties.

Take a look at our next blog post (part 2 of 2) to learn more about this important medical planning document.  If you have any additional questions or if you’d like to execute a healthcare power of attorney, consult with our estate planning attorney as soon as possible.

Co-Executor, PLLC is a member of the American Academy of Estate Planning Attorneys.

In the Nancy Cruzan case in 1990, the U.S. Supreme Court recognized that each individual has the right to determine his or her medical treatment, including the withdrawal or withholding of life support.  Essentially, the Supreme Court said that we all have the right to die.

The Court went on to say that medical professionals must acknowledge and honor this right to die when there is clear and convincing evidence of the wish to die.  A living will is deemed to be clear and convincing evidence.

Congress passed a law requiring all hospitals and medical facilities who serve Medicaid and Medicare patients (i.e. receive federal funding) to provide written information about advanced medical directives including living wills.

All 50 states and the District of Columbia have living will statutes.

It is imperative to have your wishes in writing (i.e. living will) so clear and convince evidence is present.  If you don’t, you may end up like Terri Schiavo who was kept alive for 15 years while brain dead.

A living will is effective when medical doctors state that you are in an irreversible coma, persistent vegetative state or otherwise terminal and at the end of life.

Typically, the living will provides that while you want to be kept as comfortable as possible, you don’t want your life artificially extended with heroic measures.  To most people, this means that they don’t want to be hooked up to machines.

In addition to the living will, it is wise to have a medical power of attorney wherein you name health care agents to make medical decisions on your behalf if you are ever unable to make those decisions yourself.  Your health care agent will have access to your medical records and be able to communicate with your medical professionals.

Be sure to execute a HIPAA release as well so no privacy issues arise.

If you have questions about the right to die or a living will, consult with a qualified estate planning attorney.

Co-Executor, PLLC is a member of the American Academy of Estate Planning Attorneys.