Do I Need a Durable Power of Attorney If I Get Sick with COVID19?

Do I Need a Durable Power of Attorney If I Get Sick with COVID19?

With the COVID19 pandemic sweeping across the globe, you may be wondering as to whether or not you have everything you need in order, in the event you were to become ill. Unfortunately, it often takes extremes for many people to realize they may not have the proper protocols put in place in the event an illness or accident renders them incapable of handling necessary decisions.

What Is a Power of Attorney?

A power of attorney provides another individual with the ability to handle certain issues on your behalf. You can have a power of attorney that puts someone in charge of your financials only, your health care only, legal issues, or one that incorporated all three.

What Is the Main Difference Between a Regular Power of Attorney and a Durable Power of Attorney?

A general power of attorney can handle any legal, financial, or medical matters for you unless you are deemed medical incompetent. Limited powers of attorney can be applied, which will be used only for specific situations, such as making a major purchase on your behalf when you cannot be there. For example, buying a ca. 

The primary difference between a regular power of attorney and a durable power of attorney is when it expires. A durable POA can extend the ability of the person making decisions on your behalf, allowing them to continue to make decisions even if you are deemed incompetent. These can be better for dealing with possible medical emergencies where you may be unable to make reasonable decisions or if you suffer from a cognitive decline. 

General Durable Power of Attorney v. Durable Power of Attorney for Health Care

A general durable power of attorney will grant someone the power to represent your wishes on a wide range of legal and business issues and will remain in effect if you have become incapacitated. You can also set it up to only go into effect in the event that you are incapacitated. The person named can be anyone you designate, and they will have the power to perform many actions on your behalf, such as:

  • Buying and selling a property
  • Managing your bills
  • Handling bank accounts
  • Managing investments
  • Filing tax returns
  • Applying for government benefits

A durable healthcare power of attorney is more often used when you are in some way incapacitated and unable to make decisions regarding your care. When this occurs, the person you have appointed with the healthcare power of attorney will be able to communicate with your doctors and help make medical decisions on your behalf. 

What Happens if You Don’t Have Durable Power of Attorney?

In the event that you become incapacitated and do not have a general power of attorney, your family may be required to go to court and have you declared incompetent before they would be able to take over your medical and financial decisions for you. This makes having one in place extremely beneficial and less stressful for your family. 

How to Name or Remove a Power of Attorney

While there are DIY power of attorney forms out there, it is best to speak with an attorney so that you can ensure that you have the right document filed for your particular situation. They can discuss with you your options and help draft a document that will be in line with what you want to happen in the event you are incapacitated. Once the document is drafted, you will need to provide the person you have designated with certified copies so that they can present them when signing paperwork or making decisions on your behalf. 

If you decide that you no longer want a power of attorney, or you wish to designate another person to have that power, you can revoke a power of attorney at any time as long as you have not been deemed mentally incompetent. You will need to revoke the power in writing and should also notify any financial institutions that may have had the POA on file. 

In the event that a family member wishes to override the power of the attorney of another family member, the situation can be more difficult. There are some cases where loved ones may be afraid that someone with power of attorney over their loved one is abusing that position. In this case, it will take legal action for the person’s position to be removed. 

Should the COVID19 Pandemic Be a Reason to Name a Durable Power of Attorney?

With so many uncertainties and how quickly the virus can be devastating for some, having a durable power of attorney in place in the event you come incapacitated with the virus can be a way to ensure that your needs are met, and your personal business is taken care of in the event you contract the virus. In truth, having a durable power of attorney in place in the event of a major accident or medical injury is a wise move, no matter the current situation, but it may be more at the forefront of your mind when a terrible virus is sweeping across the country. 

Reasons to Have a Durable Power of Attorney in Place During the COVID19 Pandemic

There are many reasons to consider obtaining a durable power of attorney in light of the COVID19 pandemic. With a durable power of attorney in place, you will be able to:

Ensure You Have Someone to Communicate With Your Doctors

While many of the coronavirus cases have mild symptoms, when hospitalization is required, it means the patient can become sick very quickly. When this occurs, it can mean that they may quickly become unable to make informed decisions about their healthcare. Having a durable power of attorney will allow you to have someone who can make split decisions on your treatment on your behalf, even over the phone. This can help allow you to receive quicker treatment, that may be delayed by family members arguing about the best course of action. 

They Can Communicate Your Wishes as to Whether or Not You Want Intubation or a Ventilator

Unfortunately, severe virus cases require breathing intervention to allow the patient to get oxygen as quickly as possible The quickest two ways for this to happen is through intubation and the use of a ventilator. While most doctors will advance with these processes unless they believe there is no hope of recovery, traditional directives can be both interpreted and implemented differently during a time of panic. Medical professionals have to make hard and fast decisions when faced with many patients in respiratory distress, and since the virus is novel, they may be unsure of which cases can result in recovery and which will not. 

To ensure that your wishes are heard, you should have an advanced directive as to whether or not you are willing to go through these invasive procedures in an attempt to recover, and have a person with a durable power of attorney to ensure that those wishes are communicated and followed. You can even address what protocols you would like followed in the event you contract the virus, versus other situations. For example, if you wish to have a ventilator tried but don’t’ want to be intubated and put on life support, add that into your document as well. 

Living Wills DO Not Replace POAs

Many people may confuse a living will with a POA. While these can complement each other, the living will not replace the POA. A living will can provide loved ones with your wishes in the event that you have a terminal condition. It does not cover other types of medical treatment, which can occur when you are capacitated, such as dialysis and blood transfusion. To have someone make decisions on your behalf, you will need to have a durable power of attorney for healthcare decisions. 

Choosing Your Attorney-in-Fact

The person who you designate to hold your power of attorney will be referred to as your attorney-in-fact. This person will have access to your financial accounts, legal information, and medical records, and will be able to make decisions for you regarding one or all of these areas, depending on how your POA is set up. Therefore, when choosing your attorney-in-fact, you will need to make sure it is someone you can trust. You will also want to appoint someone who shares your same views and can keep their emotion out of decisions to ensure that your wishes are appropriately followed. If you choose to, you can also appoint more than one person or a person for each facet, such as one for health care, on for finances, and one for legal matters.

Contact Lilac City Law to Set Up Your Durable Power of Attorney

Everyone has different needs and issues, so finding experienced legal counsel to help you draft your durable power of attorney can ensure that you get the type of document you need that aligns with both your wants and needs. Contact Lilac City Law today to schedule a consultation and put your mind at ease during this time of uncertainty. 


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Should I Nominate a Health Care Agent Today?

Should I Nominate a Health Care Agent Today?

Having a disability can be challenging. Not only will you have to face a number of daily challenges, both mental and physical, but you will also have to deal with a number of legal issues, as you may need assistant making decisions in the future. Challenges that you may face include financial management as well as managing your own health care. Medical assistance is a necessity for everyone, and due to the high levels of privacy and various needs for consent, navigating the health care system can be difficult, These difficulties can be compounded if you face challenges that make it difficult for you to understand the paperwork and make decisions regarding it. That is unless there is someone appointed to make these decisions on your behalf. That is where the duties of a health care agent come into play.

What Is a Health Care Agent?

A health care agent is a person designated to make health care decisions for you. This can be for reasons such as your being too sick or debilitated to make these important decisions for yourself. It could also be that you difficulty making decisions when your mental competence is too low to understand the information set before you so that you can come to an informed decision. 

The agent should understand medical jargon and be willing to liaise with you nurses, doctors, and other medical teams to discuss treatment options while taking into consideration your wants and needs. This way, you will have an advocate in your corner, making sure that your wishes are being closely followed for every aspect of your treatment. 

It is important to note that even though you have assigned a health care agent, you will still have control over your medical decisions. You can have your health care agent work with your medical team, or you may choose to work with them yourself unless it has been decided by doctors that you are not in a condition to communicate your medical decisions properly or if the court has deemed you incompetent for making these types of decisions. 

What Authority Will a Health Care Agent Have?

A health care agent will have the power to make decisions on your behalf in terms of health care, but they will not have decision-making ability in work issues, finances, or any other matters that fall outside of the scope of health care. They also will be restricted from making decisions that go against your expressed instructions and wishes. In most situations, your health care agent will also not have the ability to give consent for certain conditions such as commitment to a mental institution or electroconvulsive type of therapy. 

When designating a health care agent, you can also set limits on what their decisions can entail and also what period of time or specific medical treatments you would want their assistance utilized for. 

What You Should Consider When Appointing a Health Care Agent

Sudden illness and disability can happen in an instant, and if you have a cognitive impairment, it may be difficult for you to make good decisions on medical issues even when you are healthy, let alone when they have become injured or have fallen ill. Since time is of the essence, having a health care agent ready and willing to make those decisions on your behalf can make the process go smoother and ensure that you get treated in the manner that is in accordance with your wants. 

But this is not the only reason to have a health care agent in your corner, willing to fight for your needs. Another primary reason why having a health care agent is critical is, if no one is in place, it can fall to family members to make decisions on your behalf. Even the closest families can become divided when it comes to making medical decisions on behalf of a loved one. With infighting going on in the family, it can take longer for treatment decisions to be made and sometimes even lead to possible legal battles. In the end, the decision that is made may not be what you had wished or intended, even though a family member thought it would be best. For those without close family, important decisions will be left in the hands of family members who may know little about your situation and desired medical decisions. 

How to Choose the Right Person as You Health Care Agent

Since your health care agent will be making medical decisions that can affect your life, it is critical that you choose the right person to represent you in these matters. First and foremost, you will need to choose someone that you can trust. You will be discussing with your agent what you want in terms of your medical decisions and will want to make sure that the person you choose will stick to your wants and best interests. Start with a list of people close to you that you can trust and then ask yourself the following questions about each of them to assist you with making your final decision.

  • Are they willing and able to make the decisions you choose, even if they disagree with them?
  • Do your wants and needs align with their morals?
  • Can they keep their emotions out of the decisions, so that they can make the right choice?
  • Are they strong enough to advocate for you and your wants to medical officials and even family members? 
  • Are they comfortable with medical information so that they can ask the necessary questions needed to make an informed decision?
  • Are they confident enough to stand up to medical staff and get answers and clarification to questions, so they fully understand the situation?
  • Will they be able to make quick and informed decisions even if situations change rapidly?

When you find a person that you trust and your answer to all the above questions is yes, they are likely a good candidate to be your health care agent.

What Type of Person Can Be Selected as a Health Care Agent?

While most commonly, people will look to their family members to choose a health care agent to make medical decisions on their behalf, you don’t have to choose a family member for this position, and sometimes it is not advisable. You may automatically think of family because they love you and you can trust them, but for some family members making hard decisions regarding your health can be difficult fo them, and they may have a lot harder time keeping their emotions and wants out of the decision, sometimes ending in a result that you did not want or intend.

Sometimes it is better to choose someone who may care about you but have less of an emotional connection. Friends are a good option because they do not have to interact with family members on a regular basis, so they may be less likely to be swayed from the decision they know should be made. Some people may opt to choose more than one agent, so there is a collaboration when it comes to decision-making, but this is not always advisable as it can lead to delays in treatment due to disagreements. Another good option may be choosing someone comfortable with medical terminology so they can better understand and communicate with doctors and other medical staff.

How to Finalize Your Health Care Agent Choice

Once you have determined the best person to assist you with your medical decisions, you will need to have some hard conversations where you communicate with them your wishes and desires when it comes to certain medical treatments and concerns. If they agree to represent your interests in the medical decisions you have requested, now it is time to finalize your decision. You will need to officially name them by filling out a health care proxy document. You will need to have witnesses to the document signing, and it is advisable to have it properly notarized in the event a legal issue arises. 

Get Help with Your Health Care Agent Designation

If you or a loved one is disabled and wants to learn more about what goes into designating a health care agent or would like guidance on what it entails and how to file the proper paperwork, Lilac City Law is here to help. Contact us today to schedule your consultation and enjoy the peace of mind or having a health care advocate in your corner for when you need them most. 


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