Imagine this: You’re on vacation, far from home, when suddenly you fall seriously ill and can’t communicate with the doctors. Your loved ones are left to make decisions on your behalf, but they aren’t sure what you’d want. Would you choose aggressive treatment, or would you prefer a different approach? Without a clear directive from a Health Care Power of Attorney, they’re left guessing during a critical and very emotional moment.

This is where a Health Care Power of Attorney (POA) comes in. It’s more than just a document; it’s your voice when you can’t speak for yourself. While you can find forms online, only an attorney can ensure that your Health Care POA truly reflects your wishes and stands up in any situation.

About Amanda Waltz
I’m Amanda Waltz, an estate planning attorney in Northwest, Ohio dedicated to helping individuals and families make informed decisions about their future. With years of experience in estate law, I’ve guided my clients through the process of creating effective legal documents, including Health Care POAs. My goal is to provide clarity and confidence in your estate planning journey, knowing that your wishes are honored when it matters most.

Life-Sustaining Treatment 

• Clear Instructions: A Health Care POA should clearly outline your preferences for life-sustaining treatments, such as the use of ventilators or feeding tubes. An attorney can help you articulate these instructions in a way that leaves no room for ambiguity.
  
• End-of-Life Decisions: These decisions are deeply personal and should be thought out carefully. Be sure to document your wishes regarding treatments in specific scenarios, such as terminal illness or permanent unconsciousness.
  
• Consistency Across Documents: It’s important to ensure that your Health Care POA aligns with other related documents, such as a living will. An attorney can help harmonize these documents to avoid any legal conflicts.
  
  

Do Not Resuscitate (DNR) Orders 

• DNR Overview: A Do Not Resuscitate (DNR) order is a medical directive that prevents health care providers from performing CPR if your heart stops or your breathing stops.  A DNR also addresses different methods of revival, such as chest compressions, resuscitation drugs, defibrillation, and artificial breathing tubes. This directive can be incorporated into your Health Care POA, but it requires careful consideration and precise wording.
  
• State-Specific Requirements: DNR orders are written by your physician or other authorized person and are subject to state regulations. An attorney familiar with your state’s laws can ensure your health care power of attorney has the ability to agree to a DNR order in the event you are unable to express your wishes.
  
• Communication with Medical Providers: You should clearly communicate with your medical providers to ensure they are aware of your DNR status and that it is properly documented in your medical records.
  
  

The Role of Co-Agents 

• Choosing Co-Agents: While appointing a single agent can streamline decision-making, some people prefer to appoint co-agents to share the responsibility. However, this choice can lead to conflicts if the co-agents disagree. Carefully weigh the pros and cons to decide if co-agents are right for you.
  
• Conflict Resolution: Your Health Care POA can include specific provisions to address potential disputes between co-agents, ensuring your wishes are carried out smoothly.
  
• Alternates: It’s also important to consider naming an alternate agent in case your primary agent(s) are unavailable or unwilling to act.
  
  

Validity Across State Lines: Is Your Health Care Power Of Attorney Recognized?

• State-Specific Disclosures: Health Care POAs are governed by state law, meaning a document that’s valid in one state may not be recognized in another. Some states have specific disclosure requirements that must be included for the document to be enforceable.
  
• Review and Update: If you’ve recently moved or spend significant time in another state, it’s wise to have your Health Care POA reviewed and possibly updated by an attorney. This ensures that your document complies with the laws of the state where you’re receiving medical care.
  
• Multi-State Compliance: An experienced attorney can draft your Health Care POA to include language that satisfies the requirements of multiple states, providing peace of mind if you travel frequently or have homes in different states.

Creating a Health Care Power of Attorney is a significant step in ensuring your health care wishes are respected. While online forms offer a quick solution, they often lack the personalization and legal precision needed for such an important document. By consulting with an attorney, you can be confident that your Health Care POA is tailored to your specific needs and legally sound across many situations.

If you haven’t yet created or recently reviewed your Health Care POA, now is the time to take a look at it. Schedule a consultation with me today to ensure your health care decisions are in trusted hands, no matter what the future holds.