Our topic this month is ‘Advance Directives’. These are documents you sign now to keep your health care in the hands of those you trust, if the time comes you are unable to speak for yourself.
Ironically, my clients in their advanced years need more help with their health care, as they get less able to handle it. We are all going to need help with our health care sooner or later. By getting these legal documents in place now, you ensure your care never falls into the hands of the courts, hospitals or unsuitable family members.
The three documents I recommend getting in place are:
1. Durable Health Care Power of Attorney,
2. HIPAA Release, and
3. Living Will.
In your Durable Health Care Power of Attorney, you name a person you trust as your “agent” to speak for you. The person you choose is important. It should be someone you trust and are comfortable with. They should be calm under pressure and able to stand up for you even if doctors and other family members do not agree.
The next important direction is a HIPAA Release. I hear horror stories from clients who are denied their loved one’s information because of privacy laws. The HIPAA law was meant to protect our privacy in an electronic age. However, it creates a barrier for loved ones who need to help you. The solution is a HIPAA Release which simply waives your right to privacy only for the people you have selected to handle your care.
The final document to consider is a Living Will. If the Durable Health Care Power of Attorney discussed earlier is about the health care you want, the Living Will is about the health care you do not want. A Living Will shares your wishes for your end of life care. This document asserts your right to refuse death delaying life support. Many clients tell me they had to make the decision for a parent and never want their children to make that difficult decision for them.
By getting these simple documents in place, you provide a life line for your loved ones and a guarantee your wishes will be honored. You also avoid fees, court involvement and family disagreement. Finally, you grant yourself peace of mind.
Presented by Eileen Kerlin Walsh, 11301 South Harlem Avenue, Worth, Illinois. Call Eileen’s law firm with questions at 708-448-5169.
