We all have certain rights with respect to our medical care, medical privacy and our right to make decisions. We have those rights regardless of whether we have any legal documents. The problem arises when we lose the capacity to make those decisions. That is when we want a legal document.
Living Will (also called a Declaration as to Medical or Surgical Treatment) is a document where you express your own end of life wishes. You decide whether you want your life prolonged by artificial means and if so, for how many days. By making these end of life decisions in advance, you allow your loved ones to simply follow your wishes rather than put the burden on them to make these decisions.
Medical Power of Attorney is a document where you (the “principal”) appoint another person (your “agent”) to make medical decisions for you in the event you are unable to make your own decisions. Your end of life decisions will be covered in your Living Will, but all other medical decisions are covered under a Medical Power of Attorney. These decisions could include authorizing medication, surgery, nursing home care, etc.
Recently an important change occurred in the law regarding medical decision making. The federal government strengthened privacy laws making it more difficult to obtain another person’s medical records. This change in the law may significantly impact you. If you have designated another person to make medical decisions for you, that person may not be able to obtain necessary medical information from your medical records and therefore, may not be able to make an informed decision for you. In order to avoid this problem, your Medical Power of Attorney should include specific language referring to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and appointing a health care “personal representative”.
If you have questions regarding medical decision making, we are happy to meet with you for an initial consultation, free of charge. Please call 720-229-0428 to make an appointment.