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Denver Lawyer Clark Daniel Dray

Healthcare Power of Attorney

Healthcare POA Lawyer in Broomfield, Colorado

The process of distributing someone’s assets and estate when an individual becomes incapacitated or death is a challenge that a lot of different individuals notice too late. Estate planning is a way for us to prevent the burden from falling on our loved ones. Within the arsenal of estate planning, the most common forms include living wills and trust. These usually cater to more financial-related matters like real estate or property management.

Among the underused tools in planning is the healthcare power of attorney (POA) which gives everyone the option to choose a different person to act for your medical concerns if you become physically or mentally incapacitated.

Why do I need a Healthcare Power of Attorney in Colorado?

Healthcare Power of Attorney Lawyer Broomfield, Boulder, Denver, Littleton, Louisville Colorado While it doesn’t feel right to plan for your own demise, a proper plan can help you act during times of need. An estate plan can allow you to take your social security properly, and take initiative on medical issues that might have a larger impact in the future. This is where a healthcare power of attorney can come in handy.

The healthcare or medical power of attorney is a special type of POA. An agent designated with a healthcare power of attorney has the capacity to perform extremely important medical decisions on the filer’s behalf if they become incompetent. Given that there are debilitating accidents or personal injury cases that lead to incapacitation, having this type of POA at a young age is a good consideration to let you have a say in your life even after a major injury.

Through a Colorado healthcare power of attorney, an individual can appoint an agent like a loved one or a spouse, to legally act on your behalf for healthcare concerns. In the Law Office of Clark Daniel Dray, our experienced power of attorney lawyer should be able to guide our clients with the legal detail and medical concerns that they might need to consider.

What does a Healthcare POA entail?

To start with a healthcare POA, the interested individual signs a legal document appointing a certain individual as their agent for the power of attorney. Once signed, those individuals will do your health care decisions on your behalf if you cannot make medical decisions for yourself.

As an agent, they are allowed to make these decisions for you:

  • Admission or discharge from a nursing home or elder home;
  • Specific medicines or treatments that you will or will not receive;
  • Individuals or entities allowed access to your medical records.

Take note, they will only have this right if you end up becoming unable to do yourself. They will also still need to follow your written instructions if you have any.

When does a medical power of attorney start applying?

As mentioned, your agents will only be able to act for you when you are unable to do so. This can include multiple instances such as the following: 

  • Under the effects of general anesthesia;
  • Communication issue that resulted from a medical concern like stroke;
  • In a comatose or unconscious state due to an accident;
  • Currently suffering a mental disease such as Alzheimer’s or dementia which affects rational decision making

Steps in creating a Medical POA:

  • Make sure to decide first on who you are going to choose as your agent. This individual will have a lot of authority over your medical decisions, so it’s important to choose someone that you trust. It’s also a good idea to interview this person beforehand if they are willing and ready to be your agent.
  • Make sure to choose which medical decisions your surrogate will be able to do. A great way to do this is by getting a medical power of attorney form. This is usually available for free in different states, but it usually isn’t immediately customizable. You can use this document as your baseline in writing your more detailed preferences. There is also free online software that could allow you to create a living will which usually includes a healthcare power of attorney. 
  • Once you have your completed form, whether it’s the basic or customized form, make sure to sign it. A witness or two should also be available during this signing period in most states. Some states also require you to get this POA form notarized. 
  • Make sure that your healthcare agent and your lawyer, if you have one, have a copy of your healthcare power of attorney form. This should also include medical associates like your medical office. Your agent especially will have to use their copy as a proof of their agency position before they are allowed to make any medical concern-related decisions for you. 
  • Keep your healthcare POA and other medical-related forms like your living wills and trust in a safe place. Make sure that this area is properly protected from natural defects such as fire or water damage. Make sure that the information on the whereabouts of your medical form is accessible to family members or trusted individuals.
  • Make sure to update it once in a while, especially if your medical decisions or concerns change. 

To clarify, you are not required to have a healthcare lawyer in crafting your own POA. But an experienced attorney in healthcare concerns can give you legal advice to make more descriptive conditions or requirements, making your medical POA more robust.

Talk to us about your Healthcare POA needs!

Given the circumstances of someone’s incapacitation, people are often afraid of thinking about their loved ones in an unfortunate state. But when the unfortunate happens, preparation is key to help us jumpstart our resolution of this concern. A power of attorney can help everyone prepare for such concerns.

With the years of experience of our power of attorney lawyers in the Law Office of Clark Daniel Dray, your issues with POA planning can be managed. If you also have concerns with other practice areas like estate planning or probate law, then we are the right law firm to call. 

There’s never a wrong time to begin thinking about your power of attorney. Talk to us and give your trust to our esteemed law firm to help you through our legal services and make it seamless and hassle-free. Schedule a FREE consultation with us to learn how we can help your power of attorney planning!

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