Planning Ahead Article
The Importance of Assigning a Medical Power of Attorney
A health care power of attorney, also known as a health care proxy or an advance health care directive, is a legal document that specifies a person to oversee your medical care if you become incapacitated from an illness and are no longer able to communicate. This surrogate-decision maker (designated by you) is referred to as an agent, and is able to make decisions regarding your health. The healthcare proxy gives the agent certain powers including opting on surgery, and terminating life support or an artificial feeding apparatus. Although these forms are widely available online it is sometimes best to hire a legal advocate familiar with the law to ensure that your wishes are fully met.
Health care proxies are not a one-size-fits-all solution, and a legal advocate familiar with the process can help safeguard you from accidentally omitting certain rights from your agent’s authority. Creating a personalized healthcare proxy ensure that your individual moral beliefs and intentions will be honored and accurately represented.
Important Things To Remember:
Comments:
- You are not able to designate your medical provider or their employees as your agent
- In some states, if you designate your spouse as your agent and later divorce, their rights as your agent are automatically dissolved (The Arizona revocation and disqualification statute can be found here ARS 36-3202)
- Designate an alternative agent just in case your primary agent can no longer fulfill their duties
- Many states require the completed document to be signed by a witness (or two) in a notary's presence to make the document valid (Arizona requires a witness under ARS 36-3221)
A medical power of attorney is by no means an irrevocable document. Should you become reasonably healthy or you revoke the agent's privileges then the document is terminated and considered invalid. If there was a time constraint outlined on the power of attorney then the agent's privileges will naturally expire on that date.
As always, feel free to ask your medical providers for assistance as it is their job to protect your interests and allow you a defree of control over your medical care. Creating a medical power of attorney will ensure that no matter what the future may hold, decisions regarding any medical treatment and care are in line with your own desicres and expectations.
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QUESTIONS
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I live in a manufactured home on my daughers land. In lieu of space rent, I "sold" my trailer and car to her back in 2010. It is now jointly titled. When I die, I will only have household possessions, clothes, some jewerly. My entire possessions if sold at yard sale prices would probably net less than $2,000. Would my daughter have to do a Small Estate Affidafidt for my few earthly possessions? The cost of filing and hiring a lawyer would surpass the value. I may have to go on Medicaid as well- do they go after personal possessions (not property)? I would hate to have to cause such a burden for such few possessions. Thank you!
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If my 81-year-old husband predeceases me without a will, how is his estate settled? We have no children together, but he has three grown daughters. The bank accounts, house and car pass to me because we own them jointly with right of survivorship, but what about other property he owns by himself?
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I share a deed with right of survivorship with my adult child. She married and moved to another home. She and her new husband want to buy a new home with space for me to live and will deed my amount on current deed to a new deed with survivorship rights for my adult child. Am I able to still protect her against the Medicaid Recovery Program?
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My question is can a person have two people to be her representative and alternate? Would that be power of attorney? I am at that place in my life where this is urgent I fill out and choose to be my power of attorney. I was just diagnosed with cancer.
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Can I be barred from handling my own affairs for any reason?
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My mom and stepdad have a trust that was set up by their insurance broker. I am the trustee and the trust states that all assets are to be sold and split equally between the 6 children. This is a blended family. Do they need a will in addition to the trust?
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Our living will was updated for the state of California; should it be updated for Arizona since this is our primary residence?
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What are rules for Medicaid recipients with regard to the other spouses rights? I'm planning for if I would have to go to a Nursing Home.
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