Page 47 - Senior Link Magazine Summer 2020- Online Magazine
P. 47

your pleasure, and may act only in your interest and not
        in his or her own.  The power of attorney ceases upon your
        death.

        MEDICAL POWER OF ATTORNEY

        Unless you become incapacitated or unable to give your
        informed consent to treatment by medical professionals,
        you always make your own medical decisions.  Therefore,
        the medical power of attorney names an agent to make
        medical decisions for you if you cannot, but it does not
        give your agent the authority to admit you to a facility or to
        impose medical treatment on you against your will.  Like
        the financial power of attorney, the authority granted ceases
        upon your death.
        HIPPA RELEASE

        If possible, you should always name at least one alternate
        agent in your financial and medical powers of attorney,
        and that brings up another issue.  The agent named in your
        medical power of attorney may have the right to speak with
        your medical providers and access your medical records,
        but no one else does – not your alternate agents, not your
        immediate family.  A HIPAA Release and Authorization
        goes a long way to solving this problem. HIPPA stands for
        the Health Insurance Portability and Accountability Act,
        which contains protections for patient privacy. The people
        named in the document have no decision-making authority,
        but each may obtain information from your medical
        providers and access medical records.
        DIRECTIVE

        Finally, a directive to physicians and family instructs your
        caregivers how to treat you if you become 1) incapacitated
        and have a terminal condition, or 2) permanently and
        completely incapacitated and require some form of life-
        sustaining treatment, such as a feeding tube or mechanical
        breathing assistance.  Please understand that a Directive to
        Physicians and Family or Surrogates is NOT a DNR or Do
        Not Resuscitate order. Generally, a DNR prohibits health
        care professionals from taking steps to restart your breathing
        or your heart if either one should quit. On the other hand, a
        directive provides guidelines to your caregivers when and if
        either of the above, briefly described circumstances, arises.

        Fear certainly motivates, but let it be the spur to act and
        not the primary incentive; rather, focus on the security and
        comfort that such planning inherently provides.  Do not
        leave your loved ones and caregivers foraging for both toilet
        paper AND legal papers when a crisis arises.  Do them and
        yourself a favor, and get your legal planning done at the first
        chance you get.




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