Careful planning our estate planning lawyer can help ensure that, in the event of tragedy, important health care decisions are left in the hands of someone you trust. With a Medical Power of Attorney, a designated “agent” can be appointed who not only has your trust and confidence, but is aware of your wishes, values and religious beliefs and will act in your best interest.
Sometimes called a health care power of attorney, a medical power of attorney authorizes the attorney-in-fact to make health care decisions in the event that you are incapacitated, up to and including terminating care and ending life support that is keeping a critical and terminally ill patient alive. They also have the power to refuse or withdraw consent to any type of medical care or procedure. These decisions can only be made on your behalf if incompetence is certified, in writing, by the attending physician. The agent cannot make any health care decisions if you, the principal, objects. This is true regardless of competence.
The “agent” or attorney-in-fact that is designated doesn’t have to be a lawyer. It can be an attorney, a family member or anyone that you trust. It’s important that you choose someone who will not abuse the power granted to them and will act in your best interest, regardless of their own agenda. Usually, there is no financial incentive to serve as an agent. If the designated agent is unable to or refuses to serve, you will have the option to appoint a Successor Agent who can take over if necessary.
There is a chance that serious injury or illness could render you unable to make important decisions regarding your healthcare. Working with us to create a Medical Power of Attorney can ensure the best choices during an emotional time. Call Marc A. Bronstein, A Professional Law Corporation.