Scenario
Andrew has been in perfect health since I knew him, but a month ago he called me from his hospital bed and the person I met there was a shadow of the Andrew I’m used to. He was pale and had lost a lot of weight.
Story goes that he had a growth in his tummy, and had to go under the knife for the growth to be removed. When he woke up after the operation, he was met with good and bad news – while the operation had been successful and he was out of danger, the doctor had discovered another growth in his tummy that needed to be removed. However, without his consent, the doctor couldn’t do anything from a legal point of view.
If Andrew had an agent to give the consent, then he wouldn’t have undergone the second surgery. He called me to put me as the power of attorney for healthcare before the second surgery, meaning I had the power to make decisions on his behalf during this time that he couldn’t.
The Power of Attorney (POA) for Healthcare
This is a document that allows you to decide what happens regarding life-sustaining procedures. The document allows you to assign the decision making process to a person (called a surrogate or a proxy) to make critical health decisions for you when you cannot make them by yourself.
The best choices for a POA is the get someone that is close to you, most probably a loved one, especially if they stay nearby.
You don’t have to choose only one person; rather you can have several, so that if the main agent is unable to act, then an additional agent can do the job.
Choosing the agent can be tough, but it is advisable to have an agent that is imperfect than to have none at all.Tidbit
In some states, if you enlist your spouse as your POA and you later apply for divorce, the appointment is considered automatically void unless you renew it. Who would want their ex-spouse to have control over their lives?
The Timing
You can activate the POA for healthcare immediately or later in future. You can have a trigger that will make the clause active, such as when you aren’t able to make decisions on your own.
Don’t worry about the timing, because it is the task of the physician to determine if you still have the capacity to make a decision or not.
When Does the POA for Healthcare Come in?
You can have your own directive regarding what the POA does. Let us look at the various aspects that you can choose to have the POA work on your behalf.
- You don’t want your life to be prolonged if the agent believes that the burdens brought about by the treatment outweigh the benefits that might come by. The agent has to consider the relief from suffering, the costs and the possible life extension.
- You want the life prolonging steps to be taken when the physician believes that they can make any change. If the physician believes that no change can happen, then they can stop the process. For this to work, it is imperative that you choose another licensed physician to certify the state of your body.
- You desire your life to be prolonged for the longest time possible regardless of the condition, the cost or the chances you have of survival.
The good thing is that the agent will follow your directive to survive. If you don’t want any resuscitation, then so be it.
Implementing the POA
For the POA to stand, you need to sign a legal document in front of at least a witness. The witness cannot be among your list of beneficiaries or the physician that is treating you. Some states insist to have a second witness or a notary to make the process official.
After implementing the POA, you need to make copies and give a few copies to your attending physician. Other copies need to be given to the people who are responsible for your medical wellbeing, such as your family and a health facility. Ask these people to make the document a part of your medical file. This makes sure that even your family misplaces the document; the medical provider will have one on standby.
Conclusion
You need to make sure you have a POA for healthcare early on. Consult with a qualified estate planning lawyer to guide you on what to do, who to use and even keep a copy of the document for you.
