While many people focus on planning for property and finances, medical decision-making is just as important, especially if you’re ever unable to speak for yourself.
At Trusts and Estates Law Group, we help North Carolina families create clear, thoughtful plans that include health care directives.
In this article, we’ll highlight common issues with Health Care Powers of Attorney, from unclear instructions to conflicts among loved ones, and offer guidance to help you avoid these pitfalls. Our goal is to ensure your medical wishes are honored and your future care decisions are in trusted hands.
Common Problems and Challenges with Health Care Powers of Attorney
Beyond personal mistakes, there are also real-world hurdles that come up when using a health care power of attorney. Let’s look at some frequent obstacles and point out ways to manage them.
Refusal by Financial Institutions to Recognize the Document
It’s unfortunate, but institutions sometimes delay acceptance of powers of attorney. This can happen if they question the authenticity or have strict internal policies. If you see this coming, speak with an attorney about ways to smooth the process. Updating the POA form regularly or having discussions with key offices can spare you from headaches later.
Loss of Control and Potential for Abuse
By signing a health care power of attorney, you allow an agent to make decisions that may affect your well-being. Even the most trusted person can slip up or unintentionally misuse this power. To limit risks, consider naming a co-agent or a backup agent. This arrangement can create a safeguard if your first choice is not available or if any misuse arises.
HIPAA and Access to Medical Information
Federal privacy rules limit who can see a patient’s medical data. A solid health care POA should have the right language granting HIPAA releases, so your agent can get the information necessary to make proper calls. This point is especially important when sharing records between different doctors or facilities.
Disagreements Among Family Members
Health care decisions can stir up tense feelings within a family. If there isn’t a clear set of directives, even loved ones with good intentions may disagree on the path forward. Open communication, regular discussions, and documented instructions often help keep the peace. A quick family meeting can sometimes resolve disputes before they escalate.
Doctor’s Refusal to Comply with Wishes
Every now and then, a doctor may object to a treatment plan based on personal or professional guidelines. Though powers of attorney are legally valid, medical professionals can step away if they find a request morally or ethically concerning. To handle this, give copies of the directives to the agent and all medical staff in advance, so your agent is not caught off guard or forced to chase down records at the last minute.
Mental Capacity and Competence Determination
The terms “capacity” and “competence” often appear together, yet they are not the same. Mental capacity can be viewed as a clinical measure of a person’s ability to make decisions, while competence is a legal term determined by the courts. Sometimes, doctors perform an evaluation to see if an individual can still make decisions. At other times, more formal steps may be taken to confirm a person is not able to speak for themselves.
Mistakes to Avoid When Serving as a Medical Decision-Maker
Even when you have the best intentions, acting as someone’s health care decision-maker can lead to unplanned mix-ups. Make sure you understand your responsibilities and keep up with your loved one’s current medical concerns. Below are a few errors to watch out for when you serve as a medical POA.
Not Fully Acknowledging Your Role
When you serve as someone’s medical POA, you act as that person’s voice, especially if they can’t speak for themselves. A living will or other directives can provide guidelines, though they may not always match new medical facts that come to light. Your goal is to make the choice the individual would want if they could see the full picture of the situation.
Failing to Take Ownership of the Medical History
If you have the authority to make health decisions for someone, it’s vital to be updated on their present and past conditions. That includes knowing which medications they’re taking, along with the reasons behind them. Get hold of copies of discharge summaries, medication records, and relevant reports so that you can better understand any possible risks or ongoing needs.
Losing Sight of the Big Picture and Functional Status
Medical POAs should keep track of how well the person is managing daily tasks, such as dressing, bathing, or feeding themselves. Document these changes over time so you can spot when the individual’s overall condition has shifted. It also helps to weigh their quality of life and ask whether continued interventions still match their priorities.
Assuming Hospital Transfer is Always Necessary
Many people feel that going to the hospital is a must whenever an emergency arises. Yet, a trip to the ER can be stressful and might not always line up with what the person desires. Ask yourself whether they would want life-prolonging measures in that setting, or if they might prefer comfort care at their residence. In certain cases, a POLST form (Physician Orders for Life-Sustaining Treatment) can be a good tool to clarify instructions on hospitalization and emergency treatments.
Not Planning for Future Medical Decisions
Even if you’ve been named a medical decision-maker, take steps to prepare for potential developments. Try learning about typical treatments for age-related issues, and talk with loved ones so that goals and preferences are clear. Check in with their primary care provider for insights on what may lie ahead. This support makes urgent choices less overwhelming.
The Consequences of Not Having a Health Care Power of Attorney
When there’s no health care POA, nobody automatically has the legal right to direct your care if you cannot do so on your own. This predicament can throw family members into conflict, and a court may need to appoint a guardian. That legal route can be time-consuming and costly, not to mention stressful for relatives who may have to testify or hire lawyers. Handling a simple document upfront is a more reliable plan than leaving your fate solely to the court system.
Let Trusts and Estates Law Group (of North Carolina) Help You
Our firm at Trusts and Estates Law Group (of North Carolina) works hard to serve individuals and families who want solid estate planning solutions. We support you in preparing health care directives, so you have peace of mind about future decisions. If you’d like assistance or have questions about drafting a health care POA, please reach us by phone at 919-782-3500 or visit our Contact Us page. We take pride in offering care and attention that aims to fulfill your goals around health care choices. We look forward to helping you find clarity and security in your planning.
