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Medical Directives in Estate Planning
Estate Protections Series: Part 4
As discussed in Part 1 of our Estate Protections Series, “estate planning” is more than creating a Will. While you are alive, one of the most important sets of documents are your “Medical Directives.” These include a Medical Durable Power of Attorney, a Living Will (a/k/a Advance Medical Directive), a standalone Medical (HIPAA) Release, and possibly a form known in Colorado as MOST (“Medical Orders for Scope of Treatment”). They ensure people know your medical wishes if you are “incapacitated" and cannot make your own decisions. Without medical directives, you may end up in a type of probate known as a Guardianship. This is where a person who wants to help you goes through the court to have a judge give them this same authority. Proper estate planning includes these directives to avoid a Guardianship.
So, what are the documents and how do they work?
The Medical Durable Power of Attorney
The Medical Power of Attorney is very similar to the “General Power of Attorney” (See Part 5 of this series). When you cannot make decisions yourself, the POA installs an “agent” to become your legal representative. For a Medical POA, this covers all healthcare decisions. The agent can be any person, or even a professional, so long as they are at least 18 years old. An agent does not have to live in Colorado, but that can make managing your healthcare easier. Most important, you want to name people you TRUST to make these important decisions.
The Living WIll
Also known as an "Advance Medical Directive," the Living Will serves one purpose: When do you remove me from life support? Most of us do not want our loved ones having to make difficult decisions for us. And when we reach the end of our lives, that difficulty is the greatest it can be. A Living Will instructs about end-of-life care so that our medical professionals know our wishes, and our loved ones do not have to make the decision. There are different versions of the Living Will form, which can be confusing, and the document requires a special signing to make it valid. Whatever your wishes, we recommend you speak with an attorney to prepare a directive that meets all your needs.
The HIPAA Authorization
A Medical Power of Attorney only installs one person at a time to make decisions and talk to your doctors. But if we have an accident, we probably have other people we want to give basic access to call the hospital or talk to the doctors. We can do this by creating a Medical (HIPAA) Release form. With it, we can give our loved ones access to important information without giving them any authority to make decisions.
The MOST Form
Known as "Medical Orders for Scope of Treatment," this directive allows you to make decisions about emergency medical intervention, such as whether you want CPR or artificial nutrition after an accident. The directive allows you to decide care across three major areas and can be a “Do Not Resuscitate" (DNR) if you choose. The form requires you to consult with a physician, who must sign it with you. So we recommend you speak with your primary physician if you have any interest in signing a MOST. You can find a copy of the current Colorado form here.
How can an attorney help?
Estate planning is full of options and can be overwhelming. Nothing is more important than the care you receive, and who decides that care, when you cannot decide for yourself. An estate attorney will help you understand your options and make sure your documents reflect all your wishes. Contact our offices today for a no-cost, no-obligation consultation!
