Why You Need to Have Legal Documents on Hand When Getting Health Care
The recent COVID-19 pandemic brought to the forefront the need to have your health-related legal documents ready and on hand in case of emergency. The CDC provided guidance on access to health-care and long-term care facilities. For the safety of patients and health-care staff, many facilities restricted access to family members and visitors, removing the option for family to stay onsite with a patient. Thus, restricting possible patient advocacy by family members not being on hand to interact with and consult health care personnel treating patients.
Media reported many stories of patients passing away without family members present, erring on the side of caution to prevent further spread of the disease. The painful confusion this can have for family members is devastating.
What can you do to prepare for a similar situation in the future? Have your legal documents complete and ready to share if the need arises.
What should you have ready?
As a parent or guardian, you should have ready a Medical Consent Form, Organ Donor Approval, a Healthcare Proxy, Standby Guardianship Designation, Power of Attorney, Will, Living Will, Trust HIPAA Release, DNR, Letter of Intent. For your own health care legal needs, you should have the above minus the Medical Consent Form, and Standby Guardianship Designation.
A Medical Consent Form allows a designated individual to authorize or decline medical treatment for your child. It ensures your child receives the care they need when a parent or guardian is not present. Without it, healthcare providers may make decisions regarding your child’s care that you may not agree with. A medical consent form should be completed by both parents/guardians and be ready to provide when needed.
The Organ Donor Approval starts with being a registered donor, usually through your State’s Motor Vehicle Agency. In the case of death, the health care facility notifies the local Organ Procurement Organization, as federal regulations require. The health care facility will confirm if the deceased has the potential to be a donor. If the deceased has a donor registration card, the card serves as legal consent for organ donation. If the deceased does not have a donor registration card, the next kin is asked to authorize the donation. Having this document ready before what can be an emotional decision ensures the patient’s wishes are kept.
The Healthcare Proxy Power of Attorney allows you to designate someone the point of contact, and the decision-maker of your health care should become incapacitated and unable to make health care decisions yourself. This person becomes your health care agent or proxy.
The Standby Guardianship Designation is useful if you are incapacitated, unconscious, in the hospital, and need to ensure your child or children have a legal guardian to care for them. It authorizes that individual to enroll your child in school or daycare, seek medical treatment, and care of your child. Without the document, your child may temporarily be wards of the State and placed in foster care.
A Power of Attorney allows you to designate a family member or friend to manage your affairs in the event you are incapacitated. The Power of Attorney protects your assets, ensuring your necessary expenses are paid.
A Will outlines how you want your assets distributed upon your death. If you have minor children, it identifies who will be your children’s guardian. A guardian is someone who has the legal responsibility of caring for your children. It also designates an executor who ensures your wishes are carried out.
A Living Will, also known as a Directive to Physicians, outlines your wishes related to end of life care, in the event you become terminally ill or incapacitated. You determine how you would like your health care managed and steps to ensure your wishes are met. This document can also detail who will be your power of attorney or health care proxy.
A Trust provides an outline to manage your assets and or those of your dependents. You may designate a Trustee to oversee the management of the trust. The Trustee follows a plan based on how you wish your assets to be managed and distributed.
The HIPAA Release authorizes your medical records to be shared. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) provides that your medical records are kept confidential. However, in an emergency, you may need the legal authority for a health care practitioner or facility to share your medical records with a family member who is designated to make decisions for you. By having this document in place, you authorize medical providers to release your records to whoever you specify—allowing them to make informed decisions based on your wishes.
A do-not-resuscitate order, or DNR order, is a medical order written by a doctor before an emergency. The DNR instructs health care providers not to do cardiopulmonary resuscitation (CPR) if a patient’s breathing stops or if the patient’s heart stops beating.
Instructions you may have for other treatments, or end of life care are not included in a DNR. This information should be included in your living will and health care power of attorney. If you do change your mind, talk with your doctor right away. Also, inform your family about your decision. Destroy any documents you have that include the DNR order.
A Letter of Intent is a simple, non-binding personal letter to the ones you love expressing your desires and special requests. It may include information regarding burial or cremation or distribution of specific collectibles or personal items. While it does not typically have legal authority, it can help to clear up confusion regarding your personal preferences.
Having these documents on hand before an emergency allows you to make decisions clearly and thoughtfully. It is one less thing to worry about in case of an emergency.
It is best to consult a legal advisor in your state that specializes in estate planning to complete these documents.
