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Thursday, September 17, 2015

Choosing Health Help

Having made a painfully slow three-year recovery from incompetency after a mountain climbing accident, Wes no longer takes his ability to exercise control over his own life for granted. 

He has already decided to sign a Power of Attorney for Property, to have his twin brother, Ted, to manage his finances if it were to become necessary again.  Meg would serve as the alternate if Ted is cannot do it.

Now Wes is working on his Power of Attorney for Health Care, that will allow Wes to name who would be the decision-maker for him in the event he were unable to make medical decisions for himself. 

For this, he wants to name his daughter first, as she would be most concerned about those decisions.  But then he knows that Ted really understands his views on end-of-life decision-making.  So he asks if he can put them on together.

The answer is no, and it is non-negotiable.  When the legislature passed the Act creating the Power of Attorney for Health Care, it specified that no joint or co-agents were allowed. 

That way the doctor does not have to poll several individuals and track down multiple signatures for consent; instead the signature and opinion of only one person at a time is relevant or needed. 

However, Wes can name either one first, and the other second.  And he can give them non-binding, informal direction to consult with each other before making any major decisions. 

For advice on planning that allows you to control who makes your decisions when you cannot, please call our office at (815) 436-1996 for an estate planning appointment. 

© 2015 Gruber Law Office


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