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Three Health Care Documents You Need To Include In Your Estate Plan
Apr 10, 2022

Decisions about your health care are some of the most important you will ever make.


Don’t put off making plans until you are unable to assert your wishes. Including health care documents in your estate plan can ensure your decisions are always your choice, even if you cannot speak for yourself.


Health care documents that clearly state your wishes should be included in your comprehensive estate plan. Here are three documents you need to include in your estate plan to ensure your wishes are respected:


HEALTH CARE DIRECTIVE


This document allows you to name a health care agent. This will be the individual who you grant the authority to make certain decisions on your behalf. A health care agent may also be called a health care surrogate or a personal representative.


In your directive, you can include specific instructions on the health care measures you desire if you are unable to make decisions for yourself. These are life and death decisions; make sure your agent is someone you trust. Work closely with an estate-planning lawyer to ensure your directive provides clear guidelines for your agent to follow.


HIPAA AUTHORIZATION


Your health care agent or personal representative will need access to your medical records in order to make educated decisions about your care. To do this, your agent will need a HIPAA authorization. This will ensure he or she has access to your medical records from HIPAA-covered health care providers. A HIPAA Authorization can also be beneficial in the case that you are still able to make decisions for yourself but you are in a situation where you are not able to immediately communicate with your family or friends. The Authorization would allow your health care providers to give the people you name information about your care and condition when you are not immediately able to do so. 


LIVING WILL DECLARATION


A living will provides specific guidelines for your end of life care. While your health care directive can include provisions for your agent to make certain decisions about your ongoing health care, a living will tells your agent how you would like those decisions made, such as if and when you want life support to be removed, whether you would want hydration and nutrition and what kind of care choices should be made for you, if you cannot make them for yourself. These types of absolute decisions about your life should be included in a living will for extra protection and assurance your desires will be known and honored.


These documents, if carefully crafted, will help you express and enforce your healthcare wishes, even if you cannot speak for yourself.  If you have any questions about these documents or are unsure if the documents you have previous signed are adequate, we are happy to discuss and review your current plan. Or, if you have not created any of these documents yet, we can guide you to create and complete these very important health care documents so you can have the peace of mind of knowing your family will make the right choices for you, when you cannot.

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