Health Care Power of Attorney and Advance Health Care Directive

 

A Health Care Power of Attorney (HCPA) is a legal document that enables a person or entity the power to act on behalf of an individual person, in regards to the desired medical care.  This document enables a specific person or entity to act, through that physical document, by way of representation (presenting that actual document).  These documents are often accompanied by a HIPPA waiver, specific to that same person.  Sometimes, the person assuming the power is called a Proxy.

A In-Depth Client Experience with a Health Care Power of Attorney

John from Santa Cruz recently wrote to me,

“Last Friday, my friend was very ill and unable to make rational decisions regarding his finances or medical care.  I knew what my friend wanted, and I knew how he wanted to be treated, or so I thought.  He had told me so many times that he wanted to exercise his right to die and did not want resuscitation if he was ever in this position.  However, I also know that he recently made a Trust through EstateLDA and remembered that he put it in his library, at home.  He had also emailed me a digital copy for my records.  I read the information on the email and knew something was not right.  What he told me was very different from what he put into writing.

  • I went to his library and dug out the physical Trust.
  • I found the section labelled, Health Care Power of Attorney.
  • Then I pulled out that part, along with the HIPPA release.
  • Frank had designed me to help him with all of this and had already had all of his documents notarized.
  • I also found his Advance Health Care Directive.
  • I took the HCPA and the HIPPA release and the Advance Health Care Directive with me to the hospital.

When I go to the hospital, the doctor told me that his Directive had already been emailed to the doctor’s office by EstateLDA, 2 weeks prior.  Using his HCPA, and the HIPPA release, I was able to help Frank, the way he wanted.  He actually listed in his Advance Directive that he DID want to be kept alive if there was any chance he would live and not be a vegetable.  According to the doctor, they could not predict the outcome but would need me to be there to exercise the legal rights and to oversee everything.  I was so worried that I would make the wrong choice and this relieved me of worry and fear.  I can still remember thinking that I could have caused him to die by making the wrong choice.  The doctor explained that the Advance Directive would usually be the final decision that they follow, she said that they are typically required to follow this order and that I should just remain nearby, in case there were more decisions that need to be made.  It was because of this Health Care Power of Attorney and the HIPPA release that I was able to communicate with the doctors about Frank’s health.  It was also because of the Advance Directive that the doctor knew EXACTLY what Frank wanted to do, in case of an emergency.

Thank you EstateLDA for helping my friend Frank and I.  I am sure that if Frank had not taken preemptive action and prepared these documents, I would have made the wrong choice and regretted it.”

We At EstateLDA Are Here to Serve You

As we have done for decades for past clients, EstateLDA is your destination for these critical legal forms that will give you, your family, friends, and heirs and beneficiaries the benefit of your proactive, healthy choices. These can be complex choices if one waits too long, but easy and smooth if done using a service like EstateLDA.com.  Start your process today on our step-by-step form page, or contact us if you have any additional questions.