Medical Power Of Attorney
While most people associate estate planning with preparation for asset distribution after death, many of the most crucial aspects of estate planning do not affect property, and they involve measures to protect you during your lifetime rather than factors that take effect after your death. Creating a medical power of attorney is one of those critical steps.
Every adult should have a medical power of attorney prepared, regardless of their age, health condition, or living situation. At Jones Law Firm, PC, we develop power of attorney documents tailored to your precise specifications. We take the time to review options so that you can make informed decisions for your future because we want you to feel confident that you are prepared for whatever happens in the days to come.
What is a Medical Power of Attorney?
A power of attorney document authorizes someone to serve as an agent and make decisions on your behalf. Colorado law allows individuals to create two types of powers of attorney or POAs. A financial power of attorney enables your agent to manage business and financial issues for you while a medical power of attorney authorizes your agent to make health care decisions on your behalf if you are incapacitated.
Section 15-14-506 of the Colorado Revised Statutes describes the requirements for a medical durable power of attorney. In some states and in many medical communities, this document is known as a health care power of attorney or health care proxy. It is a type of advance directive, because it specifies your medical care directions in advance.
Why is a Medical Power of Attorney So Important?
If you are unconscious due to an accident or serious illness, a medical power of attorney enables your agent to make decisions about the type of treatment you should receive and to authorize testing and other medical care. This can avoid delays that might cause your condition to deteriorate.
In addition, a medical power of attorney ensures that decisions for your care are made in the way that you would want. Your preferences for treatment can be included in the document, or you can inform your agent so that they can convey your choices. A medical power of attorney gives you a voice and power of your health care at a time when you are not able to speak for yourself. Having a medical power of attorney prepared can prevent the need for costly guardianship proceedings in the future.
We Prepare Powers of Attorney That are Durable
Under traditional common law doctrines, a power of attorney document would be invalidated if the person who created the power of attorney became incapacitated. This made the document ineffective at the very time it was most needed. Therefore, attorneys now create power of attorney documents that are durable which in legal terms means that they remain in effect regardless of legal capacity.
You Can Change or Revoke Your Power of Attorney
When you create a power of attorney, you retain the ability to cancel it or change it at any time, as long as you remain legally competent. If you decide to name a different agent or to change the directions or limit your agent’s authority, you are free to do so at any time. As our lives change and evolve, our desires often change as well, so it is reassuring to know that you can ask your attorney to make changes or you can revoke your power of attorney.
Ensuring that Your Medical Power of Attorney is Respected
So that your wishes are fully respected by medical providers, it is important that your medical power of attorney includes the appropriate legal language and that is executed in accordance with Colorado requirements. Then you need to ensure that the right people have access to the document.
The original document should be stored in a safe location with other estate planning documents such as your will. Your health care agent who is authorized to make decisions for you should have a copy and know where to find the original. You should give a copy to your primary care physician, any other doctors you see regularly, and the hospital, if you go in for treatment or surgery. Finally, you need to discuss your preferences with your health care agent to be certain they understand the care you would want in different circumstances.
Let Jones Law, PC Protect You with a Custom Medical Durable Power of Attorney
Many people believe they can wait until they get “old” before they worry about estate planning documents, including health care directives. But the reality is that illness or injury can strike at any age. To get the care you want without unnecessary delays, it is wise to have a medical durable power of attorney ready.
The team at Jones Law, PC can explain your options and craft a power of attorney that is customized to your specific preferences. Don’t leave your future care to chance. Schedule a consultation to get started on your personalized medical power of attorney today.