Meurer Law Offices, P.C., serves clients in Denver, Greenwood Village, Centennial, Aurora, Littleton, Englewood, Arvada, Westminster, Broomfield, Parker, Castle Rock, Lone Tree, Sheridan, Elizabeth, Kiowa, Lakewood, Parker, Highlands Ranch, Denver County, Arapahoe County, Adams County, Douglas County, Jefferson County, Colorado.
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Health Care Power Of Attorney/Health Care Directive Living Will
A Health Care Power of Attorney is a document that allows you to choose who makes health care decisions for you if you become incapacitated. This person should understand your health care philosophy and be strong enough to make the difficult decisions. If you cannot make medical decisions, in an emergency the health care professionals will make them for you. However, as additional decisions need to be made, with a Health Care Power of Attorney, your loved ones may have to go to court to have one of them appointed as your guardian. Without a Health Care Power of Attorney, instead of one of your loved ones being beside you, caring for you in your time of need, they will be hiring attorneys, going to court, having case workers/visitor of the court meeting with you and them, and ultimately the court will decide who will be making the decisions on your behalf. The cost, time delays, and court oversight can all be avoided with this document.
It is important when drafting a Health Care Power of Attorney to include an alternate agent. At times, your first choice agent may not be available to make decisions. Either they were in the same accident as you, or may be out of town on vacation. An alternate insures the decisions are made without court proceedings.
Second, it is important to include a Living Will provision within your Health Care Power of Attorney. This insures that your decision maker will enforce your decision to not engage in life support or other life sustaining procedures in the event you lapse into a permanent vegetative state or an irreversible coma. Since the Terry Schiavo situation where Ms. Schiavo lived for 17 years after being unplugged from life support machines, it is important to include the right of your health care agent to withdrawal nutrition and hydration as well as unplug your life support.
Finally, a properly drafted Health Care Power of Attorney includes a HIPAA release provision. The Health Insurance Portability and Accountability Act (HIPAA) was passed by Congress in 1996. HIPAA protects the privacy of individually identifiable health information. It prohibits medical personnel from discussing your medical condition or history with third parties. A Health Care Power of Attorney would allow the person of your choosing to make decisions. Without the HIPAA release, your agent would not be able to talk to the doctors or review medical information.
Properly crafted Health Care Power of Attorney can avoid cost and expense as well as anguish in the event of your incapacity.
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Meurer Law Offices
5347 S. Valentia Way, Suite 220
Greenwood Village, Co. 80111
303.991.3544
Estate Planning Attorney
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MEURER LAW OFFICES, P.C.
5347 South Valentia Way, Suite 220
Greenwood Village, CO 80111
Phone: 303-991-3544
