Most people know that you can create a will or trust to make decisions about how your property will be handled after you die. But did you know that you also can make decisions now about how your property and healthcare will be handled should you become incapacitated by injury or illness and unable to make decisions for yourself?
There are five main life care planning documents. They include:
- Durable Health Care Power of Attorney
This document allows you to choose a person you trust (your agent) to make future health care decisions for you should you become unable to make these decisions for yourself which can be used to claim compensation for your auto accident injuries. The types of health care decisions you can permit your agent to make on your behalf can include, but are not limited to, consenting to or refusing medical treatment such as diagnostic procedures or surgery; authorizing physicians and other health care providers to provide care for you; approving or denying your admittance to hospitals, assisted living facilities, or other health care institutions; having access to your medical records; and discussing your records with your health care providers.
- Durable Power of Attorney for Management of Property and Personal Affairs
This document gives your agent the power to handle matters concerning your real estate, motor vehicles, insurance policies, investments, retirement benefits, tax liabilities, and other personal “business.”
- Durable Mental Health Care Power of Attorney
In this document, you can authorize your agent to consent to the administration of medications your doctor recommends, admit you into an inpatient psychiatric facility, have access to your mental health records, and more.
- Living Will
In a Living Will, you can make decisions about your medical care now should you ever be in an irreversible coma, persistent vegetative state, or suffer from a terminal condition. These decisions can include whether you want CPR, artificially administered food and fluids, or to be taken to a hospital, and whether you want your life prolonged to the greatest extent possible or whether you only want comfort care.
- Prehospital Medical Directive (Do Not Resuscitate)
This document allows you to inform emergency medical technicians and hospital emergency personnel that you do not want to be resuscitated should your heart stop beating or you stop breathing. Under Arizona law, this document must be printed on an orange background to be valid.
These documents each have unique requirements regarding signatures (yours and/or your physician’s), witnesses, and notarizations. They also become effective at different times.
Having one or more of these documents now can prevent your loved ones from having to spend more time and money later to obtain court approval to manage your health care (a guardianship) or financial affairs (a conservatorship) should you become incapacitated. It also helps your loved ones know what your wishes are instead of having to guess.
Please call The Carroll Law Firm at (623) 551-9366 to discuss these and other documents you may wish to consider having in your estate planning portfolio. Planning now can prevent uncertainty in the future.
