Estate Planning
ADVANCE HEALTH CARE DIRECTIVE CHECKLIST
GATHER INFORMATION FOR DECISION-MAKING.
Your physician is a good place to start for understanding your options on health care treatment at the end of life.
DISCUSS YOUR END-OF-LIFE DECISIONS WITH KEY PEOPLE.
Talk about your decisions with your family, physician and others who are close to you. Some questions to consider for discussion:
- What is important to you when you are dying?
- Are there specific medical treatments you especially want or do not want?
- When you are dying, do you want to be in a nursing home, hospital or at home?
- What are the options in Palliative Care/Pain Management and Hospice Care?
- Who should have copies of these healthcare directives?
You, your attorney, any doctors treating your loved one, and any hospital, assisted living facility, or nursing home involved in his or her care. Assuming you are the assignee, another copy should be in the hands of a family member or friend you trust in case anything debilitating happens to you.
HIPAA Privacy Rule In 2003, the Health Insurance Portability and Accountability Act (HIPAA) became law, and it stated that an employee’s confidential health records must be protected from unauthorized dissemination. So today, a Health Care Power of Attorney should include an “Authorization for Disclosure of Protected Health Information”.
This permits a health care provider to transmit PHI to doctors and hospitals under the HIPAA Privacy Rule. Without it, you could have a problem in a medical emergency, because most health care providers won’t provide PHI without the express written authorization of the patient (a HIPAA medical release form). In fact, doctors and hospitals can face fines and sanctions for violating the HIPAA Privacy Rule.
No power without a signature!
Please remember: No Power of Attorney, HCPOA, or Living Will is valid unless it is signed and notarized and/or properly witnessed.
It seems unthinkable that some people would draft these documents and never sign them … but to borrow an analogy, some smoke detectors are bought but never installed.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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