When people create an estate plan in Pennsylvania, they often focus on a will or trust that details as to how their property will be handled after they are gone. This is undoubtedly a key part of the process. However, there are other areas that can be obscured, but are no less important.
For people who are concerned about their health care decisions if they become incapacitated, a health care power of attorney is crucial. This lets the person, known as the principal, name a health care agent who will understand their desires and keep their best interests in mind when deciding what type of medical care they will receive in these circumstances. Still, there are aspects that people need to be aware of and must be clear about from the outset.
There are optional provisions in a health care power of attorney
According to the law, the health care power of attorney gives the person choices when they determine what the health care agent can and cannot do. First, the principal gives the agent the authorization to make key health care decisions on their behalf. There is nuance after the principal and health care agent have been identified.
For optional provisions, the principal needs to specify what the health care agent can do. There could be limits on their authority. The principal can list their intentions when it comes to life-sustaining treatment. For example, life-sustaining treatment might include the principal having a feeding tube inserted for nutrition. If they do not want that, it must be clear in the document.
The document can also disqualify a person who they do not want to serve as the health care representative. It can say they do not want a health care representative. And it can list people in the order of priority who they want to serve as the health care representative. The agent or representative can have the discretion to consult with the principal’s relatives, physician, or a religious leader to decide what would be in the principal’s best interests when deciding how to proceed.
A health care power of attorney can be a complex document
Granting another person the power to make health care decisions is significant. It should be a trustworthy individual who will know and keep the principal’s interests in mind. That includes knowing the parameters and adhering to them.
When crafting the document, it is imperative that the health care power of attorney is clear about the duties accorded to the agent. With this or any other area of estate planning, it is vital to have comprehensive and experienced assistance to avoid costly mistakes.
