Health Care Planning: Peace of Mind for You & Your Loved Ones
I hope you are enjoying these early days of spring! I wanted to draw your attention to something I have been discussing with clients during their Family Legacy Meetings.
Your estate plan, a carefully crafted safeguard for your future, includes several vital documents designed to protect your healthcare wishes during times of incapacity. Among these are your Health Care Proxy, which lets someone you trust make medical decisions for you if needed, and your HIPAA Authorization, which lets people access your medical information and speak with your doctor. We also provided you with an optional Living Will, a non-binding expression of your wishes regarding life-sustaining treatment if you have a terminal condition with no hope of recovery. These documents, though perhaps daunting to consider, are integral to ensuring your healthcare is managed according to your desires during stressful and often complex medical situations.
We bring these documents to your attention once more, emphasizing the importance of placing them in the right hands. A signed Health Care Proxy or HIPAA Authorization is of little use if your medical providers or the individuals you’ve named are unaware of their existence. Therefore, it’s crucial that anyone who might be involved in your care have access to this information.
You should first, ensure that the people named in your estate plan know precisely where to find these documents, whether in digital or hard copy format. This accessibility ensures they can assert their authority to communicate with your providers and make informed decisions on your behalf when necessary. Furthermore, providing copies of your Health Care Proxy and HIPAA Authorization to your existing medical providers allows them to maintain these documents on file for immediate access in case of emergency. Remember to note in your personal binder who has received copies, facilitating future updates as needed.
Equally important is the open and honest discussion of your healthcare wishes with those who will be making decisions on your behalf. While these conversations may be uncomfortable, they offer invaluable peace of mind, knowing your desires will be honored. Serving as a Health Care Proxy is an emotionally demanding role, requiring major decisions with potentially life-altering consequences. Any guidance you can provide to ease this burden will be deeply appreciated. It will be a source of comfort for them to know they are acting in accordance with your wishes, relieving them of the stress and guilt that might otherwise accompany such weighty choices.
We include Living Wills in our clients’ estate plans for this very reason. Although not legally binding in Massachusetts (meaning a Health Care Proxy is not obligated to follow its directives and retains the authority to make their own decisions), it serves as a valuable expression of your preferences, offering guidance and comfort during difficult times.
Key Steps to Take:
- Inform Your Designees: Ensure the people named in your Health Care Proxy and HIPAA Authorization know where to find these documents (digital or hard copies).
- Share with Medical Providers: Provide copies to your primary care physician and other relevant healthcare providers.
- Discuss Your Wishes: Have open conversations with your Health Care Proxy about your medical preferences to guide their decisions.
If you would like to schedule a Family Legacy Meeting or a Legal Check-up, please reach out to Christina at christina@eckertbyrne.com.
Best wishes,
Anna