Legal Matters
DISCLAIMER: This is a brief overview and a starting point. Please do your due diligence going forward — this is only what I have learned.
Within the first 24-hours of our arrival at Matt's bedside, in the ICU, we were bombarded with questions to which we had few answers. What were the details of his pre-existing medical condition, surgery, treatments, and response? Did Matt have a power of attorney (POA), a Living Will, or a Health Care Proxy?
Our family scoured through his desk files, medical records, computer, safe, closets . . . anywhere we thought he might have stashed pertinent information until we were able to piece together details to guide staff and us forward.
In his early 30's, Matt had been forward thinking, and proactively created an official General POA and a Health Care Proxy listing Mike and me as his agents. This was good news, because they established intent, but these documents weren't enough to cover all of bases in his current state: comatose and near-death. Ultimately, an attorney guided us to designate Mike as Legal Guardian, which would allow him to manage all of Matt's affairs: medical and financial.
As you read this information, consider not only how it may apply to situations you are currently dealing with or someone else you may know, but critically evaluate if you have your affairs in order to ease and facilitate your family's journey forward if something were to happen to you.
Different types
General with broad applications or limited with a narrow focus.
Durable, non-durable, or springing. Each begins under different circumstances.
Designated specific situations, like a medical, financial, or military POA.
Durable POA
Grants the agent general power to make decisions on one’s behalf, including financial and personal matters. The agent can act on the person’s behalf even if he is able to make decisions independently. The agent does not have to be a relative.
Once signed, the POA is effective immediately, and the authority granted remains in force even if or when the person becomes incapacitated or incompetent.
Medical POA 0r a POA for Health Care
Names someone to make medical decisions if that individual is no longer able to do so.
It becomes effective once the doctor declares the person is unable to make key decisions for themself.
The document outlines the circumstances as well as how long their authority lasts—often, permanent.
A Medical POA can be revoked by the individual.
Non-Durable POA
A legal document that gives someone the authority to act on another person's behalf in legal, financial, and business matters.
The authority is temporary and ends if the person granting the power becomes incapacitated or dies. This leaves the individual vulnerable if a backup plan is not in place.
Springing POA
Briefly, gives someone the authority to make decisions on your behalf only under certain conditions, and does not “spring into action” until those stipulations are met.
A healthcare proxy appoints an individual to make healthcare decisions on their behalf if they become medically or legally incapacitated. The arrangement either ends when the person dies or regains capacity. A healthcare proxy's authority begins when the patient can no longer make decisions.
A health care proxy and a legal guardian are similar in that they make decisions for someone who is unable to do so, but they differ in who appoints them and what decisions they can make.
A Legal guardian is generally appointed, in the absence of either a health care proxy or a medical POA, to make decisions for someone who has become incapacitated due to illness, disability, dementia, or other conditions.
The process to appoint a guardian involves a court petition, notice to interested parties, a hearing, and a court order.
The guardian advocates on the person’s behalf and makes health care decisions and other arrangements such as housing placement and rehabilitation services. They may also be authorized to make legal and financial decisions.
A Living Will is an advance directive that explains how your medical affairs must be handled were you to become terminally ill or are in a coma and unable to make your own decisions.
1. You can specify
Whether you want to use certain treatments, like dialysis, breathing tubes, or CPR
Which treatments you want to avoid
The conditions under which your choices apply
2. Addresses life-sustaining treatments in end-of-life scenarios. They don't necessarily cover every possible medical situation, nor do they address aspects like pain management or choice of care setting.
3. When preparing a living will
Talk to your doctor to understand treatment options enabling you to make an informed choice
Discuss your wishes with family so they understand your wishes
Provide copies to your physicians; if admitted to the hospital, bring one to include in your medical file.
4. Living will laws vary by state, so it's important to know your state's laws and check if you need to renew your living will. You can update your living will at any time.
5. A living will is different from a medical POA. The first focuses on the decisions, while the latter focuses on who will make health care decisions for you.
6. A living will is also different from a will, which provides legal guidance for your estate and end-of-life arrangements.