Did you know that someone other than your spouse could be appointed to make medical decisions for you if you are incapacitated? Many couples assume that their spouse has the immediate and absolute right to make healthcare decisions for them if they become temporarily or permanently incapacitated. However, the Probate Code grants no such absolute power to spouses.
Unless you have an Advanced Healthcare Directive (“AHD”) which specifically details your instructions, your spouse is only one of a group of family members who may be allowed to made medical decisions for you. And, if your spouse and family members fail to agree on your medical treatment, your doctor might possibly have to take over. Your wishes and spoken instructions to your spouse would be unenforceable. In the worst-case scenario, a conservatorship would have to be obtained through the courts.
The most legally binding and lasting way to make sure your spouse can act exclusively as your agent and to assure that your wishes are followed is to create a written document called an Advance Healthcare Directive (AHD). An AHD can name your spouse as the agent who holds the exclusive power to make healthcare decisions for you, or if you choose, you can name someone other than your spouse such as an adult child. An AHD can also express your wishes concerning use of pain medication, end-of-life decisions, and use of life-sustaining equipment, among others.
Recent state and federal laws have also made it extremely difficult for family members to obtain information from a patient’s medical records unless there is a written directive. An AHD should also include the provision for the Health Insurance Portability and Accountability Act (“HIPPA) authorization that allows the person appointed as your AHD agent to obtain information from your medical records.
An Advance Healthcare Directive is often included in an estate plan with other estate documents such as a trust, will, and power of attorney for financial matters.
For more information please visit our website at www.JaneMcNamara.com , or for an appointment, please call the Law Office of Jane McNamara at 661-287-3260.