This is the continuation of our blog discussing the functions of a medical power of attorney and an advance medical directive. While both of these documents serve the purpose of ensuring your doctors understand your intentions regarding medical care and procedures, they accomplish this goal in very different ways. If you have not had the opportunity to review Part I of this blog post, you may find it helpful to read that installment before proceeding. Click Here for Part I.
Does an advance directive differ from a health care power of attorney?
The fundamental difference between these estate planning tools is that an advance directive expressly indicates the type of life-prolonging measures that you wish to forgo and asserts your right to reject forms of treatment or care that you do not wish to receive. If you prepare a medical power of attorney, you are appointing another person to make medical decisions for you when you are medically incapacitated. There are advantages to having both types of documents because a health care directive typically covers a fairly limited number of scenarios. If you also have a medical power of attorney, the document can apply to a much broader range of medical scenarios and decisions that you may not have considered when creating an advance medical directive.
How should I select my agent if I am planning to have a medical power of attorney prepared?
The key is to select someone who you trust and who shares your values. The person should understand your desires in terms of medical treatment, which you may wish to discuss with the person prior to appointing him or her as your agent for health care decisions. While you can choose a family member who knows you well, there is no requirement that your appointed representative be a relative. It is also important to consider someone who will be available to make decisions if they are needed to represent your interest.
What information will my agent under a health care power of attorney need?
The agent will need you to communicate your preferences in terms of decisions about extraordinary medical care. Many people elect to be very specific and indicate medical procedures to which they do not wish to submit like feeding tubes or CPR. Other individuals simply provide general guidelines. One way to assist your appointed representative is to attach a letter to your power of attorney that discusses your values, intentions and wishes. The letter can make it easier for your agent to feel comfortable that he or she is making decisions consistent with your wishes.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you have questions about using a medical directive or health care power of attorney for incapacity planning, the experienced New Mexico Estate Planning Lawyers at Life Leaf Legal Group, PC offer a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 856-3591 to learn about your rights and options.
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