When you start the estate planning process, you might be so focused on setting up instructions for your assets that you forget to leave instructions for what will happen if you become incapacitated.
If you can’t make decisions on your own because you’re incapacitated, you need someone who can step in to make medical decisions for you. You can give someone healthcare power of attorney over you, which would make them your agent.
What is the role of the agent?
Your agent will work with your healthcare team to ensure you receive medical care that’s in line with your wishes. The person you choose should be able to speak up on your behalf and make decisions that are in your best interests, but they have to be willing to bypass their own wishes to follow yours.
You can make the job duties of your named agent a little easier by writing out your advance directive. This is a written set of instructions that lets your medical team know your specific wishes. For example, you could outline if you want to be resuscitated, have artificial nutrition, receive palliative care or receive any other treatments. This document can be detailed, but your agent will step in to make any decisions that you didn’t cover in it.
It’s important to note that the agent you choose won’t step in to make decisions for you unless you’re incapacitated. This preserves your right to continue to make decisions for yourself as long as you’re able.
The healthcare power of attorney is only one decision you have to make as you create your estate plan. Working with someone who can assist with creating the plan may make the process a little less stressful.
