Estate Planning: Disability Documents
Estate planning is more than deciding how your assets will be distributed after death. A comprehensive plan also includes disability documents. Disability documents allow you to choose individuals you trust to act on your behalf if you ever become temporarily or permanently disabled. Failing to be proactive could result in court intervention, requiring a judge to choose a “guardian” to act on your behalf, which is a time consuming and costly process.
Below is an overview of disability documents that thorough estate plans should include:
Medical Power of Attorney
A medical power of attorney allows you to designate an agent to make health care decisions on your behalf, if you are unable to due to a temporary or permanent disability. Your authorized agent can request your medical records and make health care decisions for you. Absent limitations set by law and any limitations you set, your named agent can make any health care decision that you would.
Durable Power of Attorney
A durable power of attorney allows you to designate a person, or group of people, to handle your property and financial affairs when you cannot due to a temporary or permanent disability. Your named agent(s) can handle a variety of financial matters for you, such as selling your personal property or even closing your bank accounts.
Directive to Physicians (also known as a Living Will)
A directive to physicians lays out your end-of-life wishes. It allows you to designate your desires for medical treatment if you are diagnosed with an irreversible or terminal condition making death imminent. An example use is a request to die as gently as possible without the use of artificial devices like feeding tubes or breathing machines after a terminal diagnosis.
HIPAA Release
A HIPAA Release allows you to authorize the release of confidential medical information to those you list. Without a HIPAA Release, hospitals, doctors, nurses and other healthcare providers generally cannot share protected health information like a diagnosis, treatment plan or lab results without violating federal laws. In short, this document authorizes those you wish to request sensitive medical information about you.
Out-of-Hospital Do-Not-Resuscitate (DNR) Order
A DNR order allows you to execute a written order informing health care professionals acting outside of hospital settings of your wishes to withhold life-sustaining treatment. A DNR could be utilized for an individual living within a home setting with 24-hour hospice supervision who does not wish to be revived following an emergency like cardiac arrest.
Declaration of Guardian
A declaration of guardian allows you to name a guardian of your person or estate in advance. This declaration goes into effect when it is determined by a physician, or qualified professional(s), that you lack the ability to make healthcare or financial decisions for yourself. Generally, others may request guardianship on your behalf following alarming behaviors/trends and certain diagnoses, like Alzheimer’s or Parkinson’s disease.
A declaration of guardian is important because it allows you to choose your desired guardian before one is needed, prevents unwanted individuals from acting in this role, and minimizes future court costs.
For assistance with a comprehensive plan tailored to your needs or for more information about disability documents, contact me at (682) 238-1603 or aisha@prmrcounsel.com.