What is a Health Care Power of Attorney?

Quick Answer

A Health Care Power of Attorney lets someone you choose make medical decisions for you when you cannot make them yourself. In Georgia it is contained in the Advance Directive for Health Care, which also acts as your living will, giving guidance about life support in a terminal situation. Without one, your family may need a court to get authority.

What it actually does

It names an agent, sometimes called a health care agent, and gives them authority to speak with your physicians, access your medical records, consent to or refuse treatment, and make decisions about facilities and care.

That access point matters more than families expect. Love does not give you the legal right to talk to a doctor. HIPAA does. Without documentation, a hospital may decline to discuss your condition with your own spouse or child.

Georgia’s document

Georgia combines two things into one form, the Advance Directive for Health Care.

Part one appoints your health care agent.

Part two records your treatment preferences, which is the living will piece. It speaks to what you would want if you had a terminal condition or were in a state of permanent unconsciousness, and it guides your agent rather than tying their hands.

You can complete either part, though most people should do both. An agent with no guidance is being asked to guess at the hardest moment of their life.

Choosing the right agent

This is the decision, not the document.

Pick somebody who can be reached, who can be calm in a hospital, and who will actually carry out your wishes rather than substitute their own. That last one eliminates more candidates than people expect.

Do not pick to be fair. Naming one child for finances and another for health care so nobody feels left out is a common instinct and a poor reason. Pick the right person for each role.

Name alternates. Your first choice may be unreachable, unwell, or on a plane.

What the job actually requires

It is not signing forms.

I have had to stand physically in front of an elevator, with a client on a gurney, and tell the medical staff you are not going to do that. She was in the final stages of spinal cancer and they wanted to take her for an MRI, thirty minutes of excruciating pain, when what she needed was comfort care rather than another diagnostic procedure.

That is what you are asking of your agent. Tell them plainly, and make sure they are willing.

Talk to them before you need to

The document names them. The conversation prepares them.

Tell them what matters to you: what quality of life means to you, how you feel about ventilators and feeding tubes, whether you would want to be at home, what you would want if recovery were not realistic.

An agent who has had that conversation acts with confidence. One who has not carries guilt for years.

Where to keep it

Give copies to your agent, your alternates, your physician, and any facility where you receive care. Not in a safe deposit box.

A document nobody can produce at 2am is not doing its job.

The capacity point

You can only sign this while you have capacity. If a diagnosis affecting cognition has arrived, this becomes urgent rather than optional.

Your next step

Schedule a complimentary 15-minute Strategy Session at 404-549-5001.

If your concern is a parent whose health is changing, ask about Becoming the CEO of Your Parent’s Life. More is on our Estate Planning page.

Related questions

• What is a Medical Directive?
• When does a Health Care Power of Attorney take effect, and what are my responsibilities?
• Why do you need Health Care Power of Attorney?
• What is a Financial Power of Attorney?

This page is presented for educational purposes only and nothing on it should be treated as legal advice. What applies to you is very fact specific to your situation and your family. Our attorneys are licensed in Georgia and Michigan. This area of law has frequent statutory and policy changes.

   

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!