What is a Durable Power of Attorney for Health Care? Your Questions Answered

If you’re like most people, you probably don’t want to think about your own death. But the question is if something happens and you can’t make decisions for yourself anymore, who will make sure that you get the health care you need? That’s where a durable power of attorney for health care comes in. This document gives someone else the legal authority to make decisions on your behalf about your health care if you can’t do it yourself. If you’re wondering what this is all about and whether or not it’s right for you, read on! We’ll answer some of the most common questions about durable powers of attorney for health care.

Ready to create your durable power of attorney for health care? Contact me, Milwaukee Estate Planning Attorney Paul Margerie.

First, what should I know about durable powers of attorney for health care?  

A durable power of attorney for health care is a legally binding document that gives someone of your choosing the authority to make health care decisions on your behalf in the event that you become unable to do so yourself. This could be because you’re incapacitated or otherwise unable to communicate your wishes. The person you name as your agent will have the legal authority to make decisions about things like what kind of medical treatment you receive, where you receive it, and whether or not to consent to experimental treatment.

Why would I need a durable power of attorney for health care?   

There are a couple of reasons why you might need a durable power of attorney for health care. First, it can provide peace of mind knowing that your health care decisions will be made by someone you trust if you’re ever unable to make them yourself. Second, it can help avoid conflict among your family members or loved ones about what kind of treatment you should receive. If everyone knows that there’s someone in charge who is making decisions based on what they know you would want, it can take a lot of the guesswork and stress out of difficult situations.

Wouldn’t my spouse or close family make these decisions? 

You might be wondering why you would need to give someone else this authority. After all, can’t your family just make these decisions for you?

The answer is that it’s not always clear who should make decisions about your health care if you can’t do it yourself. If there’s no one designated in advance, your family might have to go to court to get the authority to make decisions on your behalf. This can be a long and expensive process, and it doesn’t guarantee that the person they name will be the one you would have chosen. By creating a durable power of attorney for health care, you can avoid all of this hassle and make sure that your wishes will be followed.

Do I have to name my spouse as my agent? 

No, you don’t have to name your spouse as your agent. In fact, you can name anyone you trust to make decisions in your best interests. This could be a spouse, adult child, friend, or even a professional such as a doctor or lawyer.

Can I change the person designated as my agent? 

If you ever want to revoke or change your durable power of attorney for health care, you can do so at any time as long as you’re still mentally competent. All you need to do is notify your agent in writing that you no longer want them to act on your behalf. You should also notify your health care providers so they know not to listen to your agent anymore.

How do I create a durable power of attorney for health care? 

If you’re interested in creating a durable power of attorney for health care, the first step is to talk to an experienced estate planning lawyer. They can help you understand the process and make sure that your document meets all the legal requirements. Once it’s created, you’ll need to sign it in front of a notary public. Then, you should keep it in a safe place where your agent can easily find it if they ever need to use it.

We hope this has answered some of your questions about durable powers of attorney for health care! If you have more questions or would like help crafting this document, contact me, experienced Elm Grove Estate Planning Lawyer Paul Margerie. At Margerie Law, I help individuals and families protect their futures through expertly crafted estate plans. Learn more about estate planning with Margerie Law.