While we always hope for the best, the reality is that we might experience a period of brief incapacity at some point in our lives. We may be unable to direct our own medical care, pay our bills or address the needs of our minor children. At these most critical junctures, being prepared can save you and your loved ones a great deal of financial and emotional cost.
Advance Directive for Health Care
Your loved ones will have enough on their plate just dealing with your injury. The last thing they need at such a stressful time is trying to guess what you would prefer with respect to the healthcare you are provided.
An Advance Directive and Health Care Power of Attorney does essentially two things. First, it allows you to name health care representatives who can make medical decisions for you if you are unable to direct your own medical care. Second, it allows you to tell the doctors what you would like to happen in four very serious situations.
Durable Power of Attorney (DPOA)
This is the single most important document you should have in your basic legal survival kit. A well-drafted DPOA (allowing you to designate (an attorney-in-fact) who can assist with making specific monetary decisions) is crucial if you become financially incapacitated.
HIPAA Health Insurance Portability and Accountability Act
Sometimes DPOA(s) require evidence that you are incapacitated – often in the form of a letter from a doctor. However, the HIPAA privacy laws can make it next to impossible for your attorney-in-fact to obtain a letter from a doctor as proof of incapacity. A HIPAA Authorization (or “Release”) allows you to grant to specified individuals access to your medical records for designated purposes.
Temporary Guardian Affidavit
If you are the parent of a minor child you may, at some time, need to temporarily have another person care for your child, consent to medical care, pick your child up at school, or handle other parental tasks. It may be impossible to get hold of you in an emergency situation. A Temporary Guardianship Affidavit can prevent serious delays.