A benefit of estate planning is that you get your questions answered about all kinds of estate planning issues.  For example, you find out how to prevent problems and how to create positive solutions, regarding medical planning.  Here, we’re answering the 6 important medical estate planning questions we receive the most frequently.  We’re including two parts to this article because there are so many questions and the answers are important to everyone.

4. Who should I name as my health care agent?

Use a health care proxy to appoint health care agents to make health care decisions, if you are ever unable to make those decisions yourself.  Name agents who care about you, know you, can deal with stressful medically oriented situations, and can communicate effectively, even assertively, with medical personnel.  Everyone needs an advocate when he or she is in the hospital.

Be sure to ask your agent before naming him or her and name back-up agents, in case your primary agent is unable or unwilling to serve at the time.

5.  Does my health care agent have to honor my living will?

Yes, your health care agent can only make health care decisions on your behalf if you cannot provide informed consent and haven’t already done so.  Your health care agent must honor your living will and should make sure that your doctors have a copy of it.

6.  Should I be an organ donor?

Being an organ donor is a personal decision, but consider that you can save up to 8 lives and help numerous others improve their lives by being an organ and tissue donor.  Would you want someone to donate organs and tissues so that you or a loved one may live, see, or recover from tragic burns or trauma?

If you haven’t yet done so, read Answers to 6 Important Medical Estate Planning Questions (Part One of Two), to learn more and get your medical estate planning questions answered.  If you have questions about your individual situation, consult with a qualified estate planning attorney.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.

A benefit of estate planning is that you get your questions answered about all kinds of estate planning issues.  For example, you find out how to prevent problems and how to create positive solutions, regarding medical planning.  Here, we’re answering the 6 important medical estate planning questions we receive the most frequently.  We’re including two parts to this article because there are so many questions and the answers are important to everyone.

1.       What is an advanced medical directive?

An advanced medical directive is a legal document wherein you make a medical decision before you need it.  You’re making a medical decision now for a potential situation sometime in the future.  Examples of an advanced medical directive are a living will, health care proxy, and organ donation authorization.

2.       I already signed a HIPAA release at my doctor’s office; do I need another one?

You likely signed a HIPAA release authorizing the medical office to release information about your medical record to your health insurance company so they can get paid.  You need a HIPAA release that honors federal medical privacy laws and authorizes your medical staff to communicate with your health care agents, named in your health care power of attorney.

3.       Who Needs a Living Will?

A living will is effective if you are in an end-stage medical condition such as an irreversible coma or persistent vegetative state.  Each and every person, age 18 or older, needs a living will if that person wants to avoid end-of-life medical heroics, including life support machines.  The United States Supreme Court has rules that a living will is clear and convincing evidence of the desire to not be kept alive with medical heroics.

Continue reading Answers to 6 Important Medical Estate Planning Questions (Part Two of Two) tomorrow to learn more and get your medical estate planning questions answered.  If you have questions about your individual situation, consult with a qualified estate planning attorney.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.

 Along with authorizing organ donation with the use of a donor card (often your driver’s license,) you can state your organ donation wishes in your estate planning documents.  This can be done in a separate organ donation form. 

Take the following things into consideration when considering implementing organ donation into your planning.

By donating organs and tissues, you can help contribute to medical advances as well as save lives. 

The following organs are tissue transplants are common:

• Liver
• Heart
• Skin
• Kidney
• Lung
• Bone
• Connective tissue
• Pancreas

If you want to contribute to medical science and/or save up to eight lives, you may want to include an organ donor form among your estate planning documents. 

With proper planning you can do the following:

• Choose which organs or tissue that you want donated
• Decide which organs or tissue you do not want donated
• What purpose you want your donation to have (research, education, transplant)
• Decide if you want your entire body donated to medical research

Although you have the ability to specify, most folks simply indicate that they are organ donors without restriction.

 Should you be an organ donor?

Choosing whether to be an organ donor is your own personal decision.  Take some time to think about your own personal beliefs and values.  Know that if you choose to be an organ donor you could make a difference in another person’s life and the medical world.

Davidov Law Group is a member of the American Academy of Estate Planning Attorneys.