How Does a Durable Power of Attorney Work in Medical Emergencies?

 Posted on October 10, 2024 in Estate Planning

Many people experience a point in life when they can no longer make decisions for themselves. They may be incapacitated after a catastrophic car accident or impaired by dementia. In such cases, these individuals may benefit from a durable power of attorney for healthcare.

A power of attorney is a legal tool that allows a person to grant someone else the authority to make decisions on his or her behalf. The individual who grants that authority is called the principal, and the person who receives it is called the agent. There are different types of powers of attorney that can be used for specific situations and needs. In this article, we will discuss a durable power of attorney for healthcare and how it works for medical emergencies. To determine which power of attorney is right for you, consult an experienced Illinois estate planning lawyer.

What Is a Durable Power of Attorney for Healthcare?

A durable power of attorney is so called because it remains in force even if you lose the capacity to make decisions for yourself. Depending on how you structure it, a durable power of attorney can allow an agent to make decisions on your behalf in the event you become incapacitated, such as managing your financial assets. It can also grant an agent the authority to make medical decisions for you when you no longer can. This is referred to as a durable power of attorney for healthcare.

In a durable power of attorney for healthcare — also referred to as an advance directive — you set clear medical preferences and guidelines that your agent must adhere to if you become incapacitated.

How Does a Durable Power of Attorney for Healthcare Work for Medical Emergencies?

If you are incapacitated during a medical emergency and have executed a durable power of attorney for healthcare, the agent you appointed may be able to do the following:

• Consult with emergency medical responders and health professionals about your condition
• Access your medical records and decide who else can do so
• Approve or deny medical treatments and surgeries
• Make decisions about pain management or end-of-life care
• Make decisions related to organ donation
• Choose where you receive care

The agent must make such decisions based on your directives in the power of attorney. If there are options that have not been addressed in the document, such as new medications that were not on the market when the advance directive was written, the agent may need to use his or her best judgment based on your preferences. This will largely depend on how your lawyer structures the power of attorney document.

Contact a Stoney Island, IL Estate Planning Lawyer

A durable power of attorney for healthcare gives an agent significant authority to make medical decisions for you, including in emergencies. It is, therefore, crucial to make sure it is drafted to perfectly meet your needs and match your preferences. At The Sherrod Law Firm, Ltd., we know how to draft all types of powers of attorney, and we are ready to create one that will help ensure your directives are honored. Schedule a free consultation with an Oak Lawn, IL estate planning attorney by calling 312-321-6910 today.