In everyone's life, there is a chance that you may be seriously injured without the ability to make decisions regarding your health care. If this should happen, it would be helpful to have someone who knows your values and in whom you have trust to make such decisions for you. This power exists with a legal document called a Power of Attorney for Health Care ("DPAHC")

A Power of Attorney for Health Care is a document that allows you [the "Principal"] to designate a person or persons ["Agent(s)"] who will have the authority to make health care decisions for you if you are unconscious, mentally incompetent, or otherwise unable to make decisions about medical concerns. The document also gives directions about the kind of medical attention you want to receive. It differs from a Living Will in that it appoints someone to make health care decisions for you. A Living Will only allows you to express your wishes concerning life-sustaining procedures (see Living Wills under Wills Articles). The DPAHC in Georgia was created by the 1990 legislature and gave citizens the right to take charge of their medical care and to customize their desires in a document about the treatment they want to receive (as of July 1, 2007, the new Georgia Advance Directive for Healthcare has replaced laws on Living Wills and the Durable Power of Attorney for Health Care--a future article will detail the new law and document. If you already have a Georgia Living Will or DPAHC, it is valid until revoked).

The legislature offered a model DPAHC to follow. It allowed the Principal to state in writing how to be treated -or not treated- in certain medical situations. The document became effective immediately after it was signed, the Agent had knowledge of responsibilities, and the Principal did not have the capacity to give informed consent regarding health care. It was effective indefinitely unless it was revoked on a date certain or by the Principal. Even after signing it, you still had the right to give medical directions to physicians and other health care providers as long as you were able to do so.

In most States, this type of Power of Attorney may be revoked by notifying either the Agent or the Principal's health care provider orally or in writing, of the Principal's intent to revoke. Georgia law discussed ways the Power of Attorney may be revoked; should you have any doubt, contact an attorney knowledgeable in this area. If not revoked, the Agent has wide latitude when consenting to treatment on the Principal's behalf. The Agent can make decisions on what kind of treatment may be given, matters of discharge or commitment, access to medical records, and even organ donations if so authorized by the Principal. However, the Principal may limit the Agent's decision-making authority to suit his or her on desires.

In most States, anyone over eighteen years old may be chosen as an Agent; the only restriction is that the person cannot be your health care provider or an employee of the hospital or care facility where you are a patient. The Agent should be knowledgeable about your wishes, values, and religious beliefs, and in whom you have trust and confidence. You should inform the person you appoint that you want the person to be your health care Agent. In the event your Agent does not know of your wishes, that Agent should be willing to make health care decisions based upon your best interests. As long as the Agent acts in good faith and follows your directions, he cannot be sued for his decisions. More than one Agent may be named to act in unison on your behalf. It is also a good idea to name successor Agents in case one or more of them cannot act for whatever reason.

A Principal's physician, health or residential care provider, or an employee of the provider shall follow a directive of the Principal's Agent to the extent it is consistent with the desires of the Principal, the law, and the Medical Power of Attorney. The attending physician does not have to verify that the Agent's decision is consistent with the Principal's wishes or religious or moral beliefs. If the Principal's health or residential care provider will not follow an Agent's decision, the provider must inform the Agent as soon as reasonably possible. The Agent may select another provider.

It is important that you discuss this document with your physician or other health care provider before you sign it to ensure that you understand the nature and range of decisions that may be made on your behalf. As with other estate planing documents, it is not a pleasant subject. But the reality is that 80% of us will die in a nursing home or hospital; a great majority of those people will not be able to make medical decisions for themselves. It is in your best interest to appoint an Agent and let others know how you feel in writing about your medical care needs; it is an important document that should be a foundation of your estate plan. Please contact me if you have any questions or concerns about your Power of Attorney for Health Care.