If you become incapacitated, is there someone you trust to make significant medical decisions? If you do, it’s imperative to create legal documents that empower that person to act. It’s also essential to have a legally binding health care directive in place. Without these two crucial elements, loved ones could feel compelled to step in and advocate for extreme measures. Making blind decisions can leave a lasting toll on the people you love.

Rather than allow the state to intervene and impose its values or burden a family member, powers of attorney and health care directives provide solutions. These documents articulate your wishes should you become incapacitated. At Brodeur Law, we work diligently to ensure our community members understand the value of powers of attorney and health care directives and put them in place.

What is a Power of Attorney?

A power of attorney is typically crafted with an attorney to transfer the decision-making abilities to a trusted individual. The legal document comes into play when you can no longer make clear, concise decisions. For example, if a loved one struggles with a condition such as Alzheimer’s, it’s prudent to have a power of attorney that designates someone to handle their affairs. These usually include the following.

• Manage Personal Finances
• Liquidate Assets to Raise Money
• Conduct Business On Your Behalf

It’s important to keep in mind that you can decide the scope of a power of attorney. Some people give the “Agent” broad authority. In these cases, the “Principal” party prefers one person to handle wide-reaching issues. A durable power of attorney allows the agent to manage financial affairs after you become incapacitated.

What is a Health Care Directive?

Sometimes called an advanced declaration, a health care directive outlines precisely how you want to be treated if you can no longer advocate for yourself. Some people think of this legal document as something that only applies to aging community members and those with debilitating conditions. The reality is that people involved in hard-impact falls and car wrecks may be rendered unable to make health treatment decisions. Do not resuscitate orders (DNR) rank among the most common and well-known. These are items a health care directive typically addresses.

• Use of Extreme Resuscitation Measures
• Organ Donation and Specific Procedures
• Long-Term Health Care Facility Placement

In terms of estate and personal long-term planning, the question is not whether to have a law firm help you create a power of attorney or a health care directive. That’s because people need both to eliminate the stress and uncertainty loved ones experience without documented guidance.

How to Plan for Incapacity

Unless you work with a legal professional to craft documents that carry the force of law, your loved ones will likely be tasked with petitioning the courts. Physicians, financial institutions, and others cannot allow family members to make treatment decisions, write checks, or pay bills without legal consent.

Planning for possible incapacity calls for carefully selecting the right person to fulfill their obligations, outlined in a power of attorney and health care directive. Consider these key qualities: 

• Trustworthiness: Ask yourself whether a person with power of attorney can be completely trusted with your bank accounts, business, and real estate properties. Would they treat financial matters without furthering their own interests?
• Personal Resolve: Following a health care directive can prove challenging. Ask yourself whether the person you enlist will tell doctors you have a DNR when the time comes.
• Availability: Choosing someone who lives in the general area is imperative. Whether they need to make quick healthcare decisions on your behalf or manage finances, location matters.
• Communication Skills: The ability to clearly articulate your wishes to doctors, business professionals, and health care providers plays a key role. Good communication skills are essential for an agent or healthcare proxy to further your interests.

Just as no two people are exactly alike, your power of attorney and health care directive will also be different. Take some time to consider your stance on medical treatments, DNRs, and long-term care facilities. Review your financial portfolio and form general opinions about how you want your resources managed. Schedule a consultation with an estate planning attorney to discuss turning your wishes into legal documents that would be triggered if you became incapacitated.