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Whom Should I Appoint As My Healthcare Proxy or Agent?

Most people avoid thinking about their mortality as much as possible.  COVID-19, however, has pushed the topic into the spotlight and prompted many people to think about their end-of-life wishes.  But, deciding what kind of care you want to receive if you become seriously ill isn’t the end of the discussion.  You should also consider whether you want to appoint another person to help carry out your end-of-life wishes and/or make medical decisions for you if you become unable to do so.

There are two main ways to appoint another person to assist with your medical decision making:  (1) a Health Care Proxy designation in an Advance Directive; or (2) a Health Care Agent designation in a Power of Attorney for Healthcare.

Advance Directive – “Health Care Proxy”

An Advance Directive, also called a “living will,” is a document you can use to describe ahead of time the kind of medical care you would or would not want in certain end-of-life situations.  You can also use an Advance Directive to appoint a health care “proxy” – a person who can make end-of-life decisions and speak for you if you are too sick to speak for yourself. You can state in your directive whether you want your proxy to be able to make decisions about things that are not covered in the form, or if you want to give your proxy the power to make final decisions about your care, even if those decisions are different from what you chose in the advance directive.

Power of Attorney for Healthcare – “Health Care Agent”

A Power of Attorney for Healthcare also allows you to give another person authority over some of your medical care. Unlike an Advance Directive, however, a Power of Attorney for Healthcare is not limited to end-of-life situations. Instead, a medical Power of Attorney can give another person authority to hire and fire your doctors, consent to medical treatment beyond end-of-life care, access your medical records, and perform other tasks related to your healthcare.

An experienced attorney can combine the “living will” aspect of an Advance Directive with a Power of Attorney for Healthcare to give you a complete medical planning document that is tailored to your individual needs and wishes.  This combined document can cover both your end-of-life decision making as well as other aspects of your medical care.

What Kinds of Decisions Will My Proxy or Agent Make for Me?

It’s important to note that you do not lose your decision-making authority after you appoint a healthcare proxy or a healthcare agent. As long as you can communicate your wishes they will be honored.  It is only after you become unable to communicate your wishes that your proxy or agent will step in to speak on your behalf. 

Both an Advance Directive and a Power of Attorney for Healthcare can be written in such a way as to control the amount of authority given to your proxy or agent.

For example, your Advance Directive can direct that your proxy precisely follow your wishes as you outline them in your Advance Directive, essentially making the proxy your mouthpiece to enforce your end-of-life decisions and giving him or her no discretion at all.  On the other hand, a Power of Attorney for Healthcare can give your healthcare agent broader powers to make medical decisions on your behalf, even outside of end-of-life situations.   The Power of Attorney typically provides that your agent is allowed to make medical decisions – or certain kinds of medical decisions –  for you only if you are unable to communicate for yourself. Even then, your agent will be charged with aligning his or her decision with what you would choose for yourself if you were able to communicate.

Who Should I Appoint as My Proxy or Agent?

Regardless of how your Advance Directive or you Power of Attorney for Healthcare is drafted and how much latitude you give your proxy or agent in the document, you should carefully choose an adult who knows you well and whom you trust to serve in that role.  Many people choose a family member as their proxy and/or agent, but a close, trusted friend can also be a good choice.  Whomever you choose should live nearby or be able to travel to where you live if needed. You should not choose one of your doctors or other medical care providers or any of their relatives.

It is important that the person you name as your proxy and/or agent is be willing to accept the responsibility of serving in that role.

They should also be someone you feel comfortable discussing your healthcare priorities, your personal and spiritual values, and your end-of-life decisions with now.  The more information your proxy or agent has about what’s important to you regarding these medical decisions, the better job he or she can do in communicating your wishes to your medical providers. While having these discussions with the person you would like to appoint, you may discover that the potential proxy opposes your choices and therefore would not feel comfortable enforcing them for you.   Such a person would of course not be a good choice to serve your proxy or agent.

Your proxy or agent should also be someone you trust to handle conflicting opinions from other interested family and friends and to be a strong advocate for you if a doctor or medical institution is unresponsive. It is not uncommon for family members and friends to disagree about kind of care should be provided to a loved one.  Your proxy should be someone who is assertive enough to follow your wishes despite conflicts among other people who care about you.

In other words, because your proxy will be dealing with life or death choices, the person you select should be someone you quite literally trust with your life!

 

Alternate Proxy or Agent

You can also appoint a second person to serve as your “alternate” or “successor” proxy in your Advance Directive or agent in your Power of Attorney for Healthcare.  The alternate will step in if your first choice is unwilling or unable to act as your proxy or agent.

Are You Ready to Name a Healthcare Proxy or Agent?

Having an advance plan for your medical care is a valuable part of a complete estate plan, and can give you the peace of mind of knowing that your values and wishes will be honored.  You can also take comfort in knowing that your loved ones will have a written record of your wishes to guide them in the unfortunate event that you become too ill to communicate about your medical care.

Our attorneys are experienced in helping clients record their healthcare wishes via Advance Directives and Powers of Attorney for Healthcare.  Call our Tuscaloosa office at 205-553-5353 today to set up an appointment to discuss your options.  Nervous about leaving the house given the current pandemic?  Lewis, Lewis & Falkner can help you prepare your estate plan remotely in the safety and comfort of your own home.

Already have an estate plan, including an Advance Directive?  Now is a great time to review your documents and confirm that they still meet your needs.

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Estate Planning During the COVID-19 Pandemic

Recent events have prompted many people to consider the “what ifs” of serious illness.  What if you’re too ill to handle your business affairs?  What if you become unconscious and cannot communicate with your doctors?  What if you become so ill that you die?

None of us can predict the future, so we cannot know if or when we will become seriously ill or when we will die.  We can, however, do our best to prepare for those unfortunate events by doing things like crafting our estate plans.

Unfortunately, however, only about one third of Americans have any estate planning documents at all.  In a survey conducted by care.com, 23.9% of respondents had wills, and only 6.2% had advanced health care directives.

So, although most people recognize that there are lots of good reasons to have a will and a health care directive, they put off the task of creating those documents.

If you are one of those people who has been delaying the task of creating your estate plan, let us help eliminate some roadblocks for you:

  • COVID-19 Safety. COVID-19 may have you feeling the urgent need to get your estate plan put together, but you’re likely also nervous to venture out in public.  Fortunately, our attorneys can safely discuss your estate plan with you via telephone and videoconference.  Alabama is also currently allowing remote witnessing and notarization of documents, so right now it is possible to complete your estate plan without even leaving your house.
  • Expense. At Lewis, Lewis & Falkner we pride ourselves on making our rates affordable so that estate planning can be accessible to anyone.  We believe that every family deserves the peace of mind that comes from having a complete estate plan, so we keep our fees as low as possible.
  • Time. While some people have found themselves with lots of extra free time during the pandemic, many others have struggled with a lack of childcare and feel like there simply aren’t enough hours in the day.  Because we can arrange virtual meetings, we eliminate our clients’ drive time to our office. Technology also allows us to be flexible and adjust meeting times as our clients’ schedules change throughout the day, even conducting “meetings” outside of usual office hours. Draft documents can be emailed securely to clients for review. In other words, we work on our clients’ schedules to make the estate planning process as hassle-free as possible.

If you would like to give yourself some peace of mind by creating your estate plan – or by adding to or updating your current plan – please call our office today at 205-553-5353 to see how we can safely and conveniently help.  Basic estate planning documents are more affordable than you might think, and in some cases can be ready for your signature within hours.

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Where Is My Alabama Advance Dirctive Recognized?

If you’ve signed an Alabama Advance Directive for Health Care you may be wondering where it will be recognized.

Some states have laws that may honor your Alabama advance directive, but your safest bet is to have an advance directive for each state in which you spend a considerable amount of time.

Similarly, if you have an advance directive that was created in another state it may or may not be effective in Alabama. An Alabama attorney can help you review your out-of-state directive to determine whether it will be honored in Alabama, or help you create an Alabama advance directive to supplement it.

Need advice about your advance directive? Call us today at 205-553-5353 or stop by our Tuscaloosa, Alabama office to speak with one of our estate planning attorneys. An advance directive is an easy and affordable way to give yourself peace of mind by making a record of your wishes for your end of life care.

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The Top Three Reasons to Sign an Advance Directive for Health Care

An advance directive, also called a “living will,” is a document you can use to describe ahead of time the kind of medical care you would or would not want in certain situations.

You may wonder whether an advance directive is something you really need, especially if you are young and in good health.  Here are the top three reasons to talk to an attorney about an advance directive, regardless of your age or your health:

Creating an advance directive will prompt you to thoughtfully consider your end-of-life care.

End-of-life care is not something most of us think about very often. When people do think about those issues, though, they often realize that they have very strong opinions about what kind of care they would want in certain situations. Creating an advance directive forces you to give careful consideration to your wishes for your end-of-life care, something you may not otherwise do.

Creating an advance directive gives you an opportunity to discuss your wishes with your loved ones, caregivers, and doctors.

It’s hard to think about dying, and it can be even tougher to talk about it with the ones you love. Preparing an advance directive gives you a good opportunity to explain your end-of-life wishes to your family.

Talking to your family about the choices you make on your advance directive can make things easier for everyone later. When you explain your choices to your family while you’re still healthy you give everyone a chance to understand and accept your decisions without the added tension and pressure that may arise when you become ill.

Additionally, when you use an advance directive to make your wishes clear, you can avoid disagreements among your loved ones, or between your loved ones and your doctors. People are less likely to argue about your care later on if you have already had an open and frank discussion with them about the choices you have made on your directive.

Creating an advance directive gives you more say over how much treatment you will get should you become terminally ill or permanently unconscious.

This is the most obvious and biggest benefit to having an advance directive. If you become incapacitated and you do not have an advance directive, then Alabama law dictates who will make medical care decisions for you. The responsible person may not be who you would have chosen, or even worse that person may disagree with you about your healthcare choices.

In other words, creating an advance directive gives you the best possible chance of having your end-of-life healthcare wishes followed.

Working With an Attorney to Prepare your Advance Directive Is Easy and Inexpensive.

Advance Directives have lots of options and can be confusing (follow this link to learn more about Alabama advance directives). While you can sign an advance directive on your own it’s a good idea to have an attorney guide you through the process to be sure that your wishes are accurately stated. An advance directive is affordable and, just like any part of your estate plan, will give you valuable peace of mind.

Call our Tuscaloosa, Alabama office at 205-553-5353 today to set up an appointment with one of our attorneys to discuss your options.

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Who Makes My Health Care Decisions If I’m Too Sick to Speak for Myself?

Who Makes My Health Care Decisions If I’m Too Sick to Speak for Myself?

Adults in Alabama have the right to make decisions about their own medical care.  But what if you’re too sick to talk or to make choices for yourself?

An advance directive, also called a “living will,” is a document you can use to describe ahead of time the kind of care you would or would not want in certain situations.

For example, you can use an advance directive to let your doctors and family know that you do or do not want to be put on a feeding tube if you ever become permanently unconscious.   Under Alabama law, nurses, doctors, and hospitals must follow your wishes as stated in your advance directive or transfer you to a facility that will follow your wishes.

If you do not have an advance directive then members of your family will have to make decisions about your care for you.

You may not want to burden them with that obligation, or you may be concerned that they would make different decisions about your medical care than you would choose for yourself.  For those reasons, it’s a good idea to have an advance directive.

You can also use an advance directive to appoint a health care “proxy” – a person who can make decisions and speak for you if you are too sick to speak for yourself.

You can state in your directive whether you want your proxy to be able to make decisions about things that are not covered in the form, or if you want to give your proxy the power to make final decisions about your health care, even if those decisions are different from what you chose in the advance directive.

Advance Directives have lots of options and can be confusing.

While you can sign an advance directive on your own it’s a good idea to have an experienced attorney guide you through the process to be sure that  your wishes are accurately stated.

An advance directive is an important part of your estate plan, and we want to help you with it. Call our Tuscaloosa office at 205-553-5353 today and set up an appointment to discuss your options.

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Lewis, Lewis & Falkner, LLC. | Attorneys at Law | 2224 15th Street Tuscaloosa, AL  35401
Phone: +205 553 5353 | Fax: +205 553 5593

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