Planning for your health

You have the right to control your health care decisions.  If you do not want a certain treatment, then no-one should be able to force it on you as long as you are able to communicate.  If you do want certain treatments, then you need to work with your doctor to make sure it is the right course of action.  A doctor should treat you according to your wishes as long as she determines that it will be more helpful than harmful to you. 

What happens if you are in an accident or suddenly unable to communicate your needs?  In an emergency situation, a medical provider will treat you to the best of her abilities.  She will presume that you will want life-prolonging and life-sustaining measures to be used until you are able to confirm or deny this for yourself. 

When you can not speak for yourself, someone you know and trust should speak for you. You should decide who this person is and put it in writing so that there is no confusion.  This person should be someone you trust to abide by your wishes.  It will not always be a family member. In order to do this, you need to properly execute a Health Care Power of Attorney and it must be accessible. 

Many people already have these, but they may be outdated.  For instance, many of these forms do not include language that allows your stated agent access to your medical information.  This is referred to as a HIPAA clause.  This must be included in order for your agent to make proper decisions for you.  A Health Care Power of Attorney is revocable by you at any time.

One recent revelation with Health Care Power of Attorney documents is that they are not valid with respect to mental health facilities.  So, now we have a Mental Health Care Power of Attorney as well.  These are critical in the case of dementia or Alzheimer’s.  They are revocable as well. 

A Living Will is also known as an Advanced Health Care Directive.  This document instructs those around you what your wishes are in certain circumstances.  It is important that everyone has one of these, regardless of age or health.  It gives loved ones peace of mind because they do not have to guess what you would want.  This document can be revoked at any time.

If you do not have these documents in place and the need arises, there is a good chance that a court proceeding will be necessary to name someone as your guardian.  This is costly and time consuming.  These proceedings can cause unnecessary stress and heartache for everyone involved.

Please take the time, as a family if possible, to make these decisions now so that they do not have to be made later.  You have the right in this country to determine your health matters.  Make sure you exercise this right. 

Finally, these forms should be updated at a minimum of once every five years.  Get yours out now and make sure they are current.