Power of Attorney for Health Care

A health care power of attorney and a living will are legal documents that provide you with options for expressing medical care preferences and instructions, should you become mentally incapacitated or otherwise unable to make or communicate decisions. Through a living will, you can state your medical care wishes while you’re mentally able to do so, to avoid unwanted treatments and disputes between family members over your care. A health care power of attorney allows you to grant a trusted person, known as an agent, the authority to make medical and end-of-life care decisions on your behalf. This section provides articles and resources related to health care power of attorney and living will documents. For example, you’ll find information on our website about drafting a health care power of attorney, tips to help you choose a suitable agent, and sample health care directives that you can download.

Why Planning is a Good Idea

It can be an awkward and uncomfortable topic. The issue of medical care should a person become mentally incapacitated, and discussions of a loved one’s end-of-life choices, are difficult subjects for many people to approach. However, the risk of not having a medical care plan in place should be more concerning than the discomfort a discussion might cause. For example, if you don’t have a plan in place, you may be subjected to unwanted, costly medical treatments, including ones that might be against your philosophical and/or religious views. Also, if you become incapacitated without a medical plan in place, well-intentioned family members and close friends may end up in ugly, heart wrenching disputes that occur as you lie in a hospital bed.

Living Will or Health Care Power of Attorney?

By creating a living will, you provide medical and end-of-life care instructions that hospital and other health care personnel are obliged to follow (in most circumstances, and depending on the laws in your state). If you choose to create a health care power of attorney, you grant another person the legal authority to make medical treatment decisions on your behalf. Keep in mind that one option you have through a health care power of attorney is to provide specific instructions for your trusted agent to carry out. This option resembles a living will, with the added benefit of having an agent advocate for your interests. A second option you have through a health care power of attorney is to provide your agent with the flexibility to make medical decisions, so that he or she can decide on treatment options that are most aligned with your intentions. One benefit of agent flexibility is that he or she can make decisions that take into consideration the circumstances of your injury and your medical status.

States have different requirements when it comes to creating a health care power of attorney. As you begin to plan your medical care, it’s important that you’re informed about your state’s power of attorney laws. In Utah, we have an Advance Health Care Directive under Utah Code 75-2a-117.

If you have questions about a health care power of attorney, such as questions about procedural requirements or about your state’s laws, a lawyer can help. He or she can also work with you to create a health care power of attorney that suits your needs and reflects your intentions. This section provides a link for consulting with an estate planning lawyer in your area.

Health Care Power of Attorney Lawyer Free Consultation

When you need legal help with a Health Care Power of Attorney, please call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.

Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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