Charlotte, North Carolina Estate Planning Attorney » health care power of attorney

A personal family scare

Sabrina Winters — Wed, 23 Jun 2010 20:00:01 +0000

It is one thing to hear me say repeatedly how important it is to have a written plan for what you want to happen in case of certain situations…a healthcare issue for example. Emergencies really do happen and happen to all of us, even my family. Our family recently had a health scare with my father. He is 75 years old, very active and extremely healthy. So when he said he hadn’t been feeling well for a while, all sorts of scenarios ran through my head. Could his symptoms be a sign of a heart attack, stroke, another kidney stone? Luckily it wasn’t his heart, it was his gallbladder. It had gotten so infected so quickly that it gave him symptoms that could have been mistaken for many other conditions.

He had surgery, had it removed and is finally recovering to almost 100%!

What gave my father peace of mind (and mom and all three children) was that we knew what he wanted if God forbid something went wrong during surgery. He had a Health Care Power of Attorney already written and signed ready to present to the hospital when we checked him in. He was given the hospital’s form of a Health Care Power of Attorney, but those are only valid for the particular stay and procedure, and are very limited. And of course, are generally done under such stressful situations, that the patient is often not aware completely of what he is signing or the effect of his signature.

We are happy that dad is better now and getting back to his normal self and comforted that his wishes will be carried out if the need ever arises.

Don’t Be Shy About Your Health Care Decisions

Sabrina Winters — Tue, 24 Feb 2009 02:12:43 +0000

How do you want to die? Do you want lifesaving treatments to be administered even if all brain activity has ceased? Is your family aware of your wishes? And perhaps the more important question, according to the NY Times, is your doctor aware of your wishes?

Included in the complete estate plan our firm provides for our clients is a living will (or Advanced Healthcare Directive) nominating a healthcare agent and stating the client’s wishes for end of life decisions and treatment. This document is clear and comprehensive; yet according to Jane Brody’s NY Times article doctors and emergency technicians still have a difficult time withholding life-saving treatments, even if administering them goes expressly against a patient’s clear wishes to the contrary.

What Jane Brody’s article makes clear is that signing a living will is no longer enough. To truly be sure your wishes will be followed you need to include your family and your doctor in your decision-making process, even to the extent that your agent and your doctor sign a statement to the effect that they have reviewed and agree to follow your wishes.

Don’t be one of the growing numbers of people whose wishes for end of life treatment are ignored. Bring your living will or healthcare directive to your next doctor’s appointment to review with your physician. And ask your attorney about POLST, MOLST, or other state specific forms to bolster your estate planning documents and ensure that your wishes are recognized.