Protect Against Incapacitation – Medical Powers of Attorney
Although few people like to think about a time when they may become incapacitated or incapable due to an accident or old age, it is very common. A comprehensive estate plan includes documents such as powers of attorney and medical directives.
Medical directives can list the medical care that you consent to, where you want to receive healthcare, and other important information. Powers of attorney can place a trustworthy loved one or professional in charge of your medical care or finances in case you cannot make these decisions yourself. These documents protect you and give you some control over this part of your life.
Advance Directive and Living Will
An advance directive can take many forms in Indiana, but it states specific wishes for your healthcare if you cannot make medical decisions for yourself. You may become incapacitated or incapable near the end of your life or due to a sudden accident. These documents provide instructions for your medical power of attorney regarding where you wish to receive healthcare, your wishes for pain management, the execution of your spiritual beliefs, and other essential wishes.
Advance medical directives allow you to state your wishes for healthcare if you are incapacitated, including whether:
You want your health care providers and others involved in your care to provide, withhold or withdraw treatment if the likely risks and burdens of treatment would outweigh the expected benefits, or if you become unconscious and, to a realistic degree of medical certainty, will not regain consciousness, or if you have an incurable and irreversible condition that will result in my death in a relatively short time.
Such a clause protects your well-being and prevents family members from making decisions for you that you wouldn’t want.
Should I Hire a Lawyer to Help Establish Power of Attorney?
Yes, consider hiring a lawyer to help you establish power of attorney. It can be a rigorous process with multiple moving parts, and the last thing you want is to miss a crucial step and find out your advance directive is deemed invalid. A good lawyer can ensure that everything is drafted correctly and that the right person has the power to make medical decisions. You can also name alternatives if your first choose is unable or unwilling to serve.















