POLST & Power of Attorney for Health Care
Advanced Directive/Durable Power of Attorney for Healthcare:
Advance directives are legal documents that allow people to communicate their decisions about medical care to family, friends, and health care professionals in the event that they are unable to make those decisions themselves—for example, due to being unconscious or in a coma. The two main types of advance directives are a living will and a medical power of attorney. All adults should have these papers done. Keep in mind that they may be changed later, if desired.
The law allows you to appoint someone you trust to decide about medical treatment options if you lose the ability to decide for yourself. You can do this by using a Durable Power of Attorney for Health Care or Health Care Proxy where you designate the person or persons to make such decisions on your behalf. You can allow your health care agent to decide about all health care or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then ensure that health care professionals follow your wishes. Hospitals, doctors and other health care providers must follow your agent’s decisions as if they were your own.
A Living Will informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.
The laws regarding advance directives vary from state to state, so it is important to complete and sign advance directives for the state where the patient lives or expects to receive medical treatment. Most states require either two witnesses or having them notarized. People should keep a copy for themselves, as well as give a copy to your doctor, family members, and whoever you appoint. A sample form can be viewed by clicking on the website button above. Also, forms from the various states can be downloaded from: http://www.caringinfo.org
Some medical providers have refused to release information, even to spouses and adult children authorized by durable medical powers of attorney, on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases. In addition to the above documents, you should also sign a HIPAA authorization form that allows the release of medical information to your agents, your successor trustees, your family and other people whom you designate.
POLST:
The Physician Orders for Life Sustaining Treatment (POLST) form should be filled out for patients with serious illness or debility. A young, healthy patient really only needs to have a power of attorney for healthcare. The POLST form provides medical orders for emergency medical and hospital personnel to direct them in the appropriate care that should be given. It works in conjunction with the appointed power of attorney for healthcare.
A POLST form is not yet available for all states, and like the advanced directives, the patient should have one filled out for the state that they are receiving their care. A sample POLST form can be viewed by clicking on the button above on this webpage. Forms for various states can be downloaded at: www.polst.org.
Durable Power of Attorney for Property:
A Durable Power of Attorney for Property allows you to carry on your financial affairs in the event that you become disabled. Unless you have a properly drafted power of attorney, it may be necessary to apply to a court to have a guardian or conservator appointed to make decisions for you during a period of incapacitation. This guardianship process is time-consuming, expensive, emotionally draining, privacy invading, and often costs thousands of dollars.
There are generally two types of durable powers of attorney: a present durable power of attorney in which the power is immediately transferred to your agent (also known as your attorney in fact); and a “springing” or future durable power of attorney that only comes into effect upon your subsequent disability as determined by your doctor. Anyone can be designated, most commonly your spouse or domestic partner, a trusted family member, or friend. Appointing a power of attorney assures that your wishes are carried out exactly as you want them, allows you to decide who will make decisions for you, and is effective immediately upon subsequent disability. For more information, please visit: www.sacramentoestateplans.com
This website would like to thank the National Cancer Institute Website, the Caring Connections Website, the National POLST website and Joan Medeiros for information used in this discussion.