Healthcare proxies, also known as medical powers of attorney, are one of the most important documents you can have in your arsenal of legal documents. In the healthcare proxy, you name someone who will make medical decisions for you in case you can’t. Without it, the care you need could be delayed with devastating results. But as important as this document is, it’s common for mistakes to be made that can dilute its effectiveness.
Mistake # 1: Not Completing the Document
As the old adage goes, “The road to hell is paved with good intentions.” Lots of people think about creating a healthcare proxy. Some even go as far as having one drafted. And then, because it’s an uncomfortable process and makes you think about the what-ifs of being incapacitated, the proxy doesn’t get finished, or somehow it never gets signed. An incomplete document is useless.
Mistake # 2: Not Telling Your Agent You Named Them In Your Healthcare Proxy
Imagine you’re in an accident and your injuries are so severe they keep you from making your own healthcare decisions. Someone finds the healthcare proxy you completed and signed. The doctor calls the person you named as your healthcare agent and asks what treatment will be allowed. Your agent says, “What are you talking about?”
Legally naming a person to make healthcare decisions for you is not enough. You need to tell that person what you’ve done. You need to discuss with them what kinds of treatment you want and don’t want. Do you want to be left on life support until you die, or if there’s no hope of recovery, do you want life support removed? Do you want to be resuscitated if your heart stops or do you want no heroics performed on you that would prolong life? You need to discuss with your healthcare agent lots of scenarios and what your wishes are for the treatments you want.
There’s also another reason for telling a person you’ve named them as your healthcare proxy. They may not want to serve in that capacity. They may not feel capable of filling the role. There may be a conflict between the person you name and members of your family. Ideally, talk to the person you want to handle your healthcare decisions before you name them in the healthcare proxy.
Mistake # 3: Not Addressing Religion
Lots of medical decisions are based on a person’s religious upbringing or a particular faith they practice. Your healthcare agent needs to be very familiar with the religious principles, if any, that you want to guide healthcare decisions they make on your behalf.
If your faith has evolved and is now stronger or less so than what your family observed, how might that affect your agent’s decisions for you? If you’ve changed faith or married someone of a different faith, or have children with differing religious views, addressing this in your healthcare documents and your discussions with your agent is imperative.
A consideration in choosing a healthcare agent is whether that person will make decisions for you based on your faith stance, or disregard them based on their own religious beliefs.
Some of the most toxic and damaging end-of-life decisions are over different understandings of what an ill family member wanted.
Mistake # 4: Proxy Not Readily Available
The healthcare proxy needs to be available at a moment’s notice. Multiple people need to know where it is—your spouse, your children—not just your agent. Then, if something happens to you, there’s no delay in trying to find the document.
A good idea is to make copies of all pertinent documents and put them in an envelope. The documents can include:
- Healthcare Proxy/Medical Power of Attorney
- Health insurance card
- Drug card
- Living Will
- Do Not Resuscitate Order
- Physician Order for Life-Sustaining Treatment (POLST)
- HIPPA release form
On the outside of the envelope identify it as healthcare documents. Put your name and address and the phone numbers of your healthcare agent(s) as well. Put the envelope in an easy-to-get-to location and let people know where it is.
Mistake # 5: Not Naming the Person Responsible to Pay the Medical Bills
The person you name to make your healthcare decisions may not be the same person who will be responsible for paying medical bills and things like caregivers or in-home care. So, it’s advisable to create and sign a durable power of attorney, which names a person to handle your financial decisions if you aren’t able to.
Just like your healthcare agent, don’t let it be a surprise. Your financial agent needs to know you’ve named them to serve in that capacity. You’ll also want to indicate in the durable POA that the financial agent is required to pay for the medical and healthcare decisions made by your healthcare agent.
Disclaimer
This information is presented for informational purposes only and does not constitute an offer to sell, or the solicitation of an offer to buy any investment products. None of the information herein constitutes an investment recommendation, investment advice, or an investment outlook. The opinions and conclusions contained in this report are those of the individual expressing those opinions. This information is non-tailored, non-specific information presented without regard for individual investment preferences or risk parameters. Some investments are not suitable for all investors, all investments entail risk and there can be no assurance that any investment strategy will be successful. This information is based on sources believed to be reliable and Alhambra is not responsible for errors, inaccuracies, or omissions of information. For more information contact Alhambra Investment Partners at 1-888-777-0970 or email us at [email protected].
