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Healthcare Power Of Attorney / Health Care Directive / Living Will

Our company specializes in creating Healthcare Powers of Attorney, Health Care Directives, and Living Wills to ensure your healthcare wishes are honored if you're unable to communicate them. Designate a trusted agent to make medical decisions on your behalf, outline your treatment preferences, and decide on life-sustaining measures with our expertly crafted documents. Gain peace of mind knowing your healthcare choices will reflect your values and relieve loved ones from making tough decisions during emotional times. Secure your healthcare future with us.

An estate plan with a poorly drafted power of attorney for health care can cost you thousands of dollars in guardianship and conservatorship proceedings. The standard power of attorney for health care often burdens a loved one with deciding if you live or die and creates rifts with those who disagree. A well-conceived power of attorney for health care created by Advanced Legal Planning can solve these problems.

What Is A Power Of Attorney?

You can give an “Agent” the legal authority to act in your name to make decisions and take actions on your behalf.
The document granting this authority is called a “Power of Attorney.”

There Are Different Types of Powers of Attorney

Health Care Power Of Attorney

Kansas Law Refers To A Document Granting Authority To Make Health Care Decisions As A “Durable Power Of Attorney For Health Care.” (Kansas Statutes 58-625) This Document Is Sometimes Called An “Advance Directive.”

Financial Power of Attorney

Power Of Attorney Documents That Are Not For Medical Decisions Are Usually Referred To As “Financial Power Of Attorney.” These Cover All Matters Of Life Other Than Medical Decisions.

What Is A Living Will?

A Living Will is a written directive stating your intent regarding medical intervention. A Living Will is used when you are no longer able to communicate your wishes and it is not likely that you will recover.

Living Wills may refuse particular interventions and request particular interventions or they may refuse all medical interventions (while still allowing pain management).

A Living Will directive:

Removes Emotional Burden From The Shoulders Of Your Trusted Agent,
States Your Intent Clearly, And
Prevents Family Division Over These Decisions.

The Living Will Directive May Be A Separate Document. However, It Is Often Part Of The Power Of Attorney For Health Care. Because Of Unique Provisions In Advanced Legal Planning Documents, We Make Any Living Will Directive A Part Of The Power Of Attorney For Health Care.

Importance Of Powers Of Attorney For Health Care And Living Wills

Due To Illness Or Injury, Each Of Us Is Likely To Be Placed In A Situation Where We Are Unable To Make Our Own Medical Decisions.

Expensive Court Proceedings – Without A Power Of Attorney For Health Care In Place, Your Family May Not Have Anyone Authorized To Make Medical Decisions On Your Behalf. To Gain That Authority Requires Expensive Proceedings Where The Court Will Appoint A Guardian And Conservator For You. This Authority Over You Does Not Immediately Disappear When You Recover. You Must Petition The Court To Remove It.
Delay In Authority – Seeking Court Appointment Of A Guardian And Conservator Takes Time. Until The Appointment Is Made, Doctors Will Be Left To Make Decisions On Their Own, Regardless Of What Your Family May Tell Them About Your Wishes.
Family Fights – When Two Or More Family Members Disagree About Your Medical Care And Feel Strongly About Their Positions, The Family Can Be Divided. A Power Of Attorney For Health Care Identifies Who You Trust To Make Those Decisions For You. This Person Is Appointed As Your Agent.
Emotional Burden – The Decision To Let A Loved One Go (Pull The Plug) Is An Extremely Difficult Choice. There Is Often The Hope That, Just Given A Little More Time, You Might Recover. A Living Will Stating Your Intent Removes That Burden From Your Agent. It Is No Longer Your Agent’s Decision, It Is Yours.

Potential Problems With Health Care Directives

When the doctor has said you are not going to recover, most clients don’t want to be kept alive by invasive means. While this removes an emotional burden from your Health Care Agent and may prevent family fights, sometimes there are legitimate reasons to give the agent the authority to override the Living Will.

Reasons to Override

Time to get a second opinion – Your Health Care Agent may have legitimate reason to believe he or she should seek a second opinion.
Time to gather relatives – Your Health Care Agent may want time to gather people to say their goodbyes.
Time for hope – Whether your Health Care Agent has hope or whether your Health Care Agent wants to give time for others to prevent family division, there may be need to override the Living Will provisions in your Power of Attorney for Healthcare.

Reason Not to Override

Choosing to add a provision allowing the Health Care agent to override the Living Will reduces the Living Will to a suggestion and returns all of the emotional burden and family problems the Living Will is designed to overcome.

Solution to the Dilemma

Power of Attorney for Health Care documents created by Advanced Legal Planning provide an elegant solution to this dilemma. If you wish to have a Living Will, you may give your Health Care Agent authority to override it, but only for a specified time. You should provide enough time so your Health Care Agent may fulfill any reason to override.

To determine how long to authorize a Health Care Agent to override a Living Will, you should consider:

Family Dynamics – How will family dynamics play into this decision?
Gathering Family – How long will it take to gather family? Where are they? How quickly can they arrange to come
Second Opinion – What is the likelihood of needing a second opinion and how long will that take?
Added Expense – What added expense is there likely to be for each day you are kept alive by invasive means?

What Does “Durable” Mean?

Almost All Powers Of Attorney Are “Durable” Powers Of Attorney. This Simply Means That The Document Has A Provision That Makes It Remain Effective After You Are Incapacitated And Can No Longer Say Whether You Want It To Be Effective Or Not. Because Powers Of Attorney Are Most Often Used BECAUSE Someone Is Incapacitated, Almost All Powers Of Attorney Are Drafted As Durable Powers Of Attorney.

If I have a Trust, Do I Need a Power of Attorney?

A power of attorney for health care is included with every Advanced Legal Planning trust-based estate plan. The trust controls assets, but the trustee has no authority over medical decisions.

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FAQS

What is estate planning, and why is it important?

Estate planning is the process of structuring your assets to ensure they are distributed according to your wishes after your passing or incapacitation. Estate Planning helps you minimize taxes, avoid legal disputes, provide for your loved ones, and maintain control over your financial affairs. Proper Estate Planning can also protect your beneficiaries from creditors and other potential risks.

What documents are typically included in an estate plan?

Key estate planning documents include a will, trusts, a financial power of attorney, a healthcare power of attorney, living will, beneficiary designations, and guardianship designations. Each document serves a specific purpose and can be customized to suit your unique circumstances and goals.

How often should I review and update my estate plan?

It is generally recommended to review and update your estate plan every 3 to 5 years or after significant life events such as marriage, divorce, birth of a child, death of a beneficiary, or substantial changes in your assets or financial situation. Regular reviews ensure that your estate plan remains current and accurately reflects your wishes.

One way to make sure your plan is up to date is to join a maintenance program. A maintenance program assures your plan is being reviewed regularly and gives easy access to an attorney if you have any questions or need any changes.

What happens if I die without a will or estate plan in place?

If you pass away without a will or estate plan, your assets will be distributed according to your state’s “intestacy ” laws, which may not align with your preferences. This can lead to family disputes, increased legal expenses, and increased hardship for your loved ones. It is crucial to have a well-crafted estate plan in place to ensure your wishes are honored.

Can I create my own estate plan, or should I consult with an attorney?

While it is possible to create your own estate plan, working with an experienced estate planning attorney is highly recommended. An attorney can help you navigate complex legal requirements, identify potential issues, and create a customized plan that addresses your unique circumstances and goals. This ensures that your estate plan is effective and legally sound. This provides peace of mind for you and your loved ones.

What is the difference between a revocable trust and an irrevocable trust?

A revocable trust is a flexible legal arrangement that allows you to maintain control over your assets during your lifetime and make changes to the trust as needed. Upon your death, the trust becomes irrevocable, and assets are distributed to your beneficiaries.

An irrevocable trust, on the other hand, is a permanent arrangement that cannot be altered or revoked once established. Irrevocable trusts offer greater asset protection and tax benefits but require you to relinquish control over the assets placed in the trust. An experienced Estate Planning attorney can create “some” flexibility to an irrevocable trust while maintaining its benefits.

How can elder law and Medicaid planning help me and my family?

Elder Law and Medicaid Planning involve navigating the complexities of aging, long-term care, and government assistance programs. By working with an experienced attorney, you can develop a strategy to secure quality care, preserve your assets, and expedite your eligibility for Medicaid benefits. This process can help alleviate financial burdens and provide peace of mind for you and your family.

What is special needs planning, and why is it important?

Special needs planning is the process of creating a comprehensive plan to support a loved one with special needs, ensuring their long-term well-being and financial security. This can involve establishing a special needs trust, selecting appropriate guardians, and identifying government benefits and resources. Proper planning can help your loved one maintain their independence, quality of life, and access to essential support services.

What is the role of a trust administrator, and what are their responsibilities?

A trust administrator, also known as a Trustee, is responsible for managing and distributing trust assets in accordance with the terms of the trust agreement. Their duties may include investing assets, paying taxes, maintaining records, communicating with beneficiaries, and addressing any legal or financial issues that arise. Trust administration requires a thorough understanding of fiduciary responsibilities and trust laws to ensure compliance and protect the interests of the beneficiaries.