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Planning for Health Care
Decisions
Comprehensive estate planning includes the preparation
of two health care
documents so that loved ones can be named to take
over the direction of your
health care if you are unable to do so. A Health
Care Power of Attorney allows
you to appoint a person you trust as your “agent”
to make medical decisions on your
behalf. A Living Will allows you to state your
wishes concerning end of life medical
treatment.
In the past year, information has been distributed
at the offices of
health care professionals, physicians, dentists,
HMO’s and pharmacies concerning
the Federal Health Care Insurance Portability and
Accountability Act of 1996
(“HIPAA”). This law protects the privacy
of information provided to those
you have entrusted with your health care. An effective
Health Care
Power of Attorney that gives your agent the power
to make medical decisions
will be honored under the HIPAA regulations and
should allow your agent to access
protected health information.
People evaluate the pros and cons of medical treatment
in very personal ways.
The toughest decisions concern beginning or stopping
life sustaining treatments.
There may come a time when your condition has deteriorated
and it is clear that you
will not get better. Family members or doctors
may then question the value of life
sustaining treatments that serve to prolong the
process of dying. How well does your
family or doctor know your health care wishes?
Communication is the single most important step
in planning for health care
decisions. Sometimes families continue medical
treatments long past the point where
they are helpful, simply because they are unsure
what their loved ones would have
wanted. It is important to discuss these issues
with the people who may be called upon to
speak for you. Having a Living Will helps your
loved ones make difficult decisions with
less pain, doubt & anxiety.
Everyone should have an effective Health Care Power
of Attorney and a Living
Will. With these health care documents in place,
you can rest assured that your family
will be able to assist you and respect your wishes.
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