This is why everyone needs a health care decision planDate: 5/19/2021 SPRINGFIELD – April may have been national Healthcare Decision Month, but one thing a year of the coronavirus pandemic has taught us all is that it’s truly important to make a plan, just in case.
One of the easiest, and most straightforward health care decision plans you can make is to prepare a health care proxy, in case illness or an accident makes it impossible for you to make important care and treatment decisions on your own, and a durable power of attorney, to allow a chosen individual to make financial decisions for you if you are incapacitated.
Without such documents, an accident or illness can place a great burden on those left to try and make decisions for you.
“The loss of capacity by a family member is devastating no matter when it occurs.Younger people are less likely to feel the need for incapacity planning, yet younger people are still at risk for a loss of capacity from illness or injury,” said Gina Barry, Esq., an attorney with the Springfield- based law firm Bacon Wilson P.C. who specializes in estate planning.
Many people don’t realize how quickly the need for these documents occur in a young person’s life.
“Most people know that once you reach the age of 18 in Massachusetts, you are considered an adult. What most people do not realize is that if you lose capacity once you reach the age of 18, your parents are not automatically given the right to make decisions for you and would have to petition the court to become your decision maker, that is, your guardian for
medical/personal decisions and your conservator for financial decisions,” Barry explained.
The health care proxy
According to the April issue of the Baystate Health newsletter, a health care proxy is “a simple legal document allowing you to name someone you know and trust to make healthcare decisions for you if, for any reason and at any time, you can’t make or communicate those decisions.”
A basic health care proxy form is available on the Baystate Health website at
https://www.baystatehealth.org/patients/rights-and-responsibilities/health-care-proxy-andadvance-directive.
Barry noted that though a parent or spouse might seem the logical choice, they aren’t always the best person to name as your health care spokesperson, as emotions may cloud their judgement.
“The person you name does not need to have a medical background, but they must be close enough to you to be familiar with your health care wishes. They also must be willing to carry out these wishes, even if your wishes conflict with their personal feelings. It is also important to consider their ability for rational thought during emotional times as the need for a named proxy to act usually arises due to a traumatic experience or severe illness,” Barry said.
The durable power of attorney
According to Barry, “a durable power of attorney is a legal document in which you name someone to make your financial decisions if you are unable to make them.”
Much like choosing a person to implement your health care proxy, choosing a person to oversee your durable power of attorney should be done carefully, and with some thought.
“The person named will have complete control of your assets and will be able to manage them as you would if you were able,” Barry noted. “ Spouses, children, relatives, and trusted friends are most often chosen for this role.’
However, “since the person named in your durable power of attorney will enjoy full access to your finances, there is great potential for abuse. Thus, the individual selected should have some financial savvy, be completely trustworthy, and have your best interests at heart,” Barry added.
What about more specific health directives?
There are cases where what is known as living will or advanced directive language – such as Medical Order for Life Sustaining Treatment (MOLST) – or organ donation information are appropriate additions to a health care proxy.
Baystate Medical Center will be addressing these topics, along with the health care proxy, during an upcoming event “Who Will Speak for You - A Virtual Event “ slated for May 24 at 4 p.m. featuring Dr. Maura Brennan, program director, Geriatrics Workforce Enhancement Program for Baystate Medical Center. To register for the event, visit https://www.baystatehealth.org/about-us/calendar/loyaltyevents/every-woman/who-will-speak-for-you
For additional insight into proxy, durable power of attorney or additional health care directives, Barry advised seeking advice from the lawyer of your choice.
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