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Wendy W. Harn
Sometimes the fact that you are married is important when it comes to certain legal and tax issues. Most people that I meet with about their estate planning needs presume that one’s spouse will have the appropriate authority to make health related decisions should they be unable to do so. However, if you are unable to make your health related decisions and don’t have the appropriate documents in place, your spouse will not have the legal authority to do so.
Have you ever tried to telephone your spouse’s physician about their lab work results? If your spouse hasn’t given specific written permission that it’s okay for you to receive such information, you will not be successful in obtaining such information. I had this encounter recently when I attempted to obtain a copy of my husband’s medical records from the local hospital where my husband had a previous surgery. Again, one would presume that having been married for 23 years I would be able to retrieve these records without my husband physically being present. However, unless I am nominated by my husband on his various healthcare documents, I would be unable to make his medical decisions or receive his medical records should he become incapacitated.
Everyone over the age of eighteen must nominate someone through a set of legal documents to be able to have these communications with the medical community. If this simple planning is not done, your loved ones will have to petition the court and ask to be your guardian. This legal process is known as a guardianship proceeding which is very costly and often times humiliating to have to go through.
Here are the four legal documents that are necessary to avoid a guardianship:
1. Healthcare Power of Attorney: Nominates individual(s) to step in on your behalf to speak with the doctors, nurses and other medical staff members to be able to make the necessary decisions regarding your care.
2. Mental Healthcare Power of Attorney: Allows the nominated individual(s) to admit you to a secure health facility for mental health issues such as Alzheimer’s and Dementia.
3. Living Will: Outlines your end of life wishes such as not wanting to be kept alive through artificial means or wanting to be kept alive forever.
4. HIPAA: Lists all the individual(s) that you would like to be able to receive your healthcare information such as being able to receive your medical records and obtaining updates from the medical professionals handling your care.
Approximately 70% of Americans fail to do this simple planning outlined above. Ask yourself the question: When is the best time to plan for a catastrophe, before it happens or after? No one knows if they will become incapacitated so planning today will ensure that your family avoids unnecessary heartache and expense if you are unable to make your healthcare decisions.
Wendy W. Harn is an attorney with Morris Trust. Morris Trust is located at 3573 E Sunrise Drive, Suite 209, Tucson, Arizona 85718. She can be reached at 520-320-5100 or by email at [email protected]. For more information visit our website at http://morristrust.com/attorneys/wendy-w-harn/.