Preparing for Coronavirus: The Healthcare Legal Documents Every Adult Needs to Have
Preparing for Coronavirus:
As the coronavirus continues to disrupt daily life and leave Americans uncertain of the future, you don’t have to feel helpless during this Pandemic. In fact, now is a great time to be proactive and plan ahead should you or a loved one fall ill. Having a comprehensive Estate Plan in place is crucial, but requires proactive planning in advance. Its something that is often placed on the backburner and unfortunately often times until its too late. One of the most important and relatively easy things you can do (and should do) is to select a medical agent and set up your a Advance Directive for Healthcare and Power of Attorney for Healthcare.
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What Is a Medical Agent?
A medical agent (also called a healthcare agent, healthcare surrogate, a healthcare proxy, or a medical proxy) is a person you authorize in a medical power of attorney and an Advanced Directive for Healthcare to make decisions about your medical care if you become incapacitated.
Why is it important to choose a medical agent now?
As of April 13, there are 587,000 confirmed reported cases in the USA.If you get sick, you’ll most likely recover. However, since no one knows exactly how they will be affected by the virus, it’s best to plan for the worst and hope for the best. Part of that planning is making sure someone can make healthcare decisions for you if you fall ill and are unable to make those decisions for yourself. This is part of the Estate Planning process – the Lifetime Component.
Factors to Consider in Choosing Your Medical Agent
A medical agent is an important role, and the person you choose will have the power to make critical healthcare decisions—like consenting to a treatment plan, whether to accept or refuse medical treatment, and which healthcare providers or hospitals to use for your care. As a result, it is crucial to think carefully about who you choose to fill this role. Many people simply assume that their spouse or their oldest child should take on this role, but they are not always the best suited. Here are some factors to consider when selecting an agent:
1)Emotional maturity.People handle stress differently, and not everyone is able to set aside their emotions and make level-headed decisions when someone they love is suffering. In addition, some people are simply not assertive enough to act as a strong advocate in the face of differing opinions of other family members--or even health care providers--who suggest a treatment plan you have informed your medical agent you do not want. You should choose someone who is able to think rationally in emotionally difficult circumstances, even if that means you must look outside of your family to find the best person for the job.
2)Location.The person you choose to act as your medical agent should be someone who lives close by and is able to act on your behalf very quickly in the event of a medical emergency or if you need your advocate to serve in that role for an extended time period. In current times, many people might be under a mandatory or recommended stay-at-home order, or may not be available or willing to travel to another city or state. Consider naming several alternate agents to account for someone’s potential unavailability.
3)Is willing/able to serve. Acting as a medical agent can be a time-consuming and emotionally draining job. Make sure that the person you choose is willing and able to set aside the time necessary to serve as your patient advocate. Don’t just assume the person you want to be your medical agent is willing: Be proactive and ask if he or she is willing to take on that role. Keep in mind that if you are elderly, you may want to avoid naming a friend or family member who also is older, as there is a greater chance that they will experience mental or physical decline at the same time as you, which could impede their ability to serve as your advocate when the time comes.
People You Should Not Choose
1)Minors.Under Alabama Law the Medical Agent must be a competent Adult.
2)Your health care providers.Alabama Lawn prohibits your health care providers, a nonrelative employee of the health care provider, orone of the two required witnesses to execution of the document from acting in that role.
Need help?
The Advance Directive for Healthcare and Power of Attorney for Healthcare may be among the most important legal documents you prepare - especially in light of COVID-19. Picking a medical agent can be tricky and I can help you think through your choice. I can also help with any other estate planning needs you may have—whether that’s setting up a financial power of attorney, last will and testament, or a trust. Please give me a call today to discuss how my firm can help you and your family be prepared should you fall ill from the coronavirus.
The Law Office of Neil C. Johnston Jr., LLC is open for business. Like many of you, I am working remotely from home. However, I am available by phone (251-709-8251) and email ( NeilCJohnston@ncjlawoffice.com) and have taken measures, such as setting up virtual conferencing capabilities, in an effort to minimize the disruptions and overcome the obstacles caused by this Pandemic. Furthermore, on March 26, 2020, Governor Kay Ivey, pursuant to the Alabama Emergency Management Act of 1955 enacted an emergency measure allowing for witnesses and Notaries to participate virtually through videoconferencing, as though they were physically present at the signing. Governor Ivey further declared that such witnesses would be considered an “in person” witness for purposes of satisfying statutory requirements. You may read the complete order here. This is significant and I have procedures in place that enable you to meet and execute Estate Planning and other legal documents without ever leaving the comfort of your home.