Episode 8: POA's and Medical Directives: Your Legal Toolkit
Jan 30, 2024
Honey and Santiago are back with attorney Shawn McCammon discussing today’s essential question: do I need a power of attorney and or medical directives?
We all hope we’ll never need someone else to make decisions for us. The best way to know that your wishes will be honored is to use the power of attorney and medical directive options available to spell out what should be done in case you aren’t able to communicate that to people managing your care.
The discussion covers the purpose of these documents in managing affairs during periods of incapacity, making medical decisions, and specifying preferences for end-of-life care. Shawn explains the different types of options:
- Financial power of attorney
- Medical power of attorney
- Living will
- Physicians directive (also called medical directives)
- Living will also referred to as a DNR (do not resuscitate)
The conversation addresses specific scenarios, such as dealing with financial vulnerability due to online relationships, DNR (Do Not Resuscitate) requests, and concerns about family members exhibiting memory issues. Shawn provides legal perspectives on intervening to protect assets and ensuring the well-being of family members facing health challenges.
He also explains that by setting things up now when you do not need them gives you the opportunity to also determine when they can go into effect. The example he shared is with the financial power of attorney. This can be set up, but not go into effect until your doctor indicates that you are incapacitated.
Making these decisions now is the best way to ensure your wishes will be followed and it relieves the burden of your loved ones trying to decide on your behalf.
The hosts inquire about encouraging a family member to seek medical evaluation when in denial about potential health issues. Shawn suggests involving a trusted third party or mediator, setting up basic planning like powers of attorney, and, if necessary, pursuing legal avenues like conservatorship.
The conversation concludes with Shawn offering advice to the audience, highlighting the importance of understanding that powers of attorney can be set up to be effective only during incapacity. He encourages having both financial and medical powers of attorney, considering geographic proximity when choosing agents, and planning for potential scenarios with medical directives or living wills.
Remember, while we're here to inform, this isn't personal legal advice. For specific guidance, consulting with professionals is always best.
Resources:
Santiago and Honey – Legacy Toolkit
