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. To access these rights, parents must take extra steps that might cause additional stress and take critical time when decisions often need to be made quickly.
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 Power of Attorney (POA)
Power of attorney privileges give people certain powers to act on your behalf if you’re ever unable to decide for yourself. These documents are created and enacted when you are competent so someone else can step in on your behalf without having to go through the courts.
Health Care Power of Attorney |
Durable/Financial Power of Attorney |
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A document that names who can make health care/medical decisions on your behalf if you are not competent to do so. Health Care POAs go into effect immediately upon incapacity. |
A document that names someone to act on your behalf regarding financial, business and tax type decisions. Financial POAs are a simple and inexpensive approach that can even be used without requiring you to be incapacitated. |
Some Situations When a Power of Attorney Can be Helpful
- Treatment
- Where you will live
- Who will be providing care
- Which doctors will be seen
- Determining care children over 18 years old
- Which hospital you will be transported to
- End of life decisions such as removing life support, hospice, etc.
- When you want a child to be named on an elder parent’s accounts to have access to them as well
- To empower a spouse of a military member abroad to be able to sign mortgage documents.
- For parents to access their college students bank account to pay rent when they are hospitalized after a car accident.
Should I Have a Will or a Health Care POA?
Both a living will and Health Care 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 Health Care POA must follow any instructions listed in the living will regardless of the situation.
The most important factor 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 Health Care 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 Health Care POA or a living will, it’s time to act. Our Milwaukee Area Estate Planning Attorneys can help guide you through these important decisions and ensure you and your loved one’s wishes are known.