A health care power of attorney is a personal legal document that names someone (the “agent”) to make medical decisions on behalf of the signer (the “principal”) if the principal is unable to communicate due to a mental or physical incapacity.
In addition to designating a representative to make medical decisions, this document designates a “personal representative” to receive health information protected under the HIPAA privacy rules.
1. What is a health care power of attorney?
A health care power of attorney is a personal legal document that names someone (the “agent”) to make medical decisions on behalf of the signer (the “principal”) if the principal is unable to communicate due to a mental or physical incapacity.
In addition to designating a representative to make medical decisions, this document designates a “personal representative” to receive health information protected under the HIPAA privacy rules. These regulations require that only the personal representative named in the health power of attorney has the same rights to protected health information as the patient.
The comprehensive document also contains detailed statements regarding the agent’s ability to obtain medical and psychiatric care on behalf of the principal, housing, selection or dismissal of health care providers, organ transplantation and choice of burial or cremation.
2. Who should have a health care authorization?
Every adult, regardless of age, net worth or medical condition, should have a power of attorney to provide health care services.
3. What are the consequences of not having a health power of attorney?
The simple answer is that the client’s preferences about medical decisions—and who should make them—are left to the guesswork of doctors, nurses, and family members. From a legal perspective, the answer is that someone may need to apply to the local court to appoint a guardian. This is process can be time consuming, expensive and public.
4.Is a Health Care Power of Attorney valid for psychiatric treatment?
No. A separate mental health power of attorney can be used to appoint a mental health worker on behalf of the principal.
5. Is there a required Arizona form to be used?
No. A.R.S. Section 36-322 is an example of a very basic health care power of attorney. The legal form is often used by self-help and DIY websites. A slightly modified version is available for free from the Arizona Attorney General’s office.
However, most estate planning lawyers create a more comprehensive document that has been refined over the years to better address some key topics such as: HIPAA privacy regulations, which events trigger the document, decisions. during pregnancy, reimbursement of representation expenses, and preferences for hospice care and pain medication management.
6. What is the relationship between the Health Care Power of Attorney and a Living Will?
A Health care power of attorney and living will are much like sibling documents. The HCPOA directs who the person is to make decisions in the event of incapacity, and the Living Will provides guidance or direction for that person to make certain end-of-life decisions.
7. How often should the HCPOA be updated?
It is best practice to sign a new health power of attorney at least every 3 to 5 years, or more often if there is a major change in the law.
