facebook pixel

Pay My Bill My Account

December 23rd, 2022 |

Take control of what happens to you if you are incapacitated

Reading Time: 2 minutes

At the McLario Firm we believe that everyone 18 years old or older should have a plan in place in case they are incapacitated and unable to make their own decisions. At this point as a legal adult your parents don’t have automatic rights to your health care information and to make decisions on your behalf without taking extra steps which might cause additional stress and take critical time when decisions often need to be made quickly. An example might be deciding which hospital you are taken to, what doctor sees you or whether you can be put life support. A Milwaukee estate planning attorney can ensure you have the right documents in place to get the care you need and want if you are ever incapacitated.

What is a Living Will?

A living will is part a common estate planning document that takes effect if you become incapacitated. Incapacitated can mean you have gone into a comma, suffered a severe stroke, are under general anesthesia, etc.

If you have a living will, it should detail everything you want or don’t want in the case of incapacitation. This can include if you want CPR, mechanical ventilation, tube feeding, and antibiotics. However, it also includes organ, tissue, and body donations.

What is a Healthcare Power of Attorney (POA)?

A health care power of attorney is another common estate planning document that gives someone else power over your medical decisions. However, as with a living will, the Healthcare POA can only make decisions if you are deemed incapacitated. A health care POA goes into effect immediately upon incapacity.

A designated Healthcare POA cannot override your decisions while you are healthy and sound enough to make your own decisions.

Should I have a Living Will or Healthcare POA?

Both a living will and healthcare POA are great options to consider but remember you can only create either when you are of sound mind at the time of the decision. You don’t have to choose between the two but if you do have both documents, the healthcare POA must follow any instructions listed in the living will regardless of the situation.

Most important is to consider what you would want to have happen if you were incapacitated and who you want to make those decisions. At the McLario Firm we believe that have someone you trust named as your Healthcare POA gives your loved one more flexibility to evaluate the entire situation and make the decisions that they feel you would want.

If you don’t have a Healthcare POA or a living will, it’s time to act. Our Menomonee Falls Estate Planning attorneys can help guide you through these important decisions and ensure you and your loved one’s wishes are known. For more information, contact the McLario Firm: Your law firm for life.

Notify of

Inline Feedbacks
View all comments

Request A Free Consultation

When you contact our Milwaukee area law firm, your case will be treated like a unique request for assistance.