Healthcare Power of Attorney & Living Will Kit
This Healthcare Power of Attorney & Living Will Kit allows you to specify which end of life medical treatments you want and don’t want; and to appoint an agent to make medical decisions on your behalf if you are unconscious, mentally incompetent or otherwise unable to do so yourself.
This legal kit contains all the information and ready-to-use lawyer prepared legal forms and documents necessary to create a combined Healthcare Power of Attorney and Living Will. It also contains all the forms necessary to revoke that document.
- Prepare your document in minutes.
- Stipulate what end-of-life medical treatment you want.
- Appoint someone to make medical decisions for you.
- Step-by-step instructions.
- Lawyer approved kit.
Description
If you are like most people, you may not have given too much thought as to what might happen if an accident or illness left you in need of medical treatment but unable to communicate your wishes. However, thanks to accidents (especially road traffic accidents) and sudden illnesses, thousands of American families are confronted by these problems every single day. They are forced to make medical decisions on behalf of their loved ones – often in circumstances where they have no real way of knowing the exact kind of medical decisions that their loved ones would want them to make. Do they risk brain injury by allowing their loved one to undergo a specific procedure? Do they risk paralysis? What about leaving them on life support indefinitely?
These are just a flavor of some of the extremely difficult questions that your family could be forced to ask themselves. While there is no truly effective means by which you can protect you and your family from these uncertainties, you can eliminate a large degree of uncertainty by having a Healthcare Power of Attorney and a Living Will. Together, these documents, will allow you to appoint someone you trust as your agent with authority to make medical decisions on your behalf when you are unconscious, mentally incompetent or otherwise unable to do so yourself. You can also use these documents to set out your preferences regarding the receipt or non-receipt of life sustaining medical treatments during any period in which you are permanently unconscious or suffering from a terminal illness and unable to communicate your wishes. They also allow you to specify the types of medical procedures that you do and do not want. Both your agent and attending medical personnel will ordinarily honor the wishes set out in these documents.
Even where you have executed a Healthcare Power of Attorney or a Living Will, you still have the right to give medical directions to your physicians and other healthcare providers as long as you are able to do so. These documents only become effective when you do not have the capacity to give, withdraw or withhold informed consent regarding your healthcare.
Also, it’s important to remember that if you are mentally competent, you can revoke your Healthcare Power of Attorney & Living Will at any time.
A failure to make a Healthcare Power of Attorney & Living Will can have serious consequences. For example, if you become unable to make decisions regarding your own healthcare, either your family will be consulted regarding your medical treatment or a court application may need to be made in order to have you made a ward of court. In the latter case, the court will appoint a guardian with the power and responsibility of making medical decisions on your behalf. However, there is no guarantee that this guardian will respect any wishes that you may have expressed regarding your medical treatment. This can result in you undergoing medical procedures and treatments that you would not have approved of.
The easiest and best way to protect you and your family from the occurrence of such events is to have a Healthcare Power of Attorney & Living Will. Our Healthcare Power of Attorney & Living Will Kit contains all the information and ready-to-use lawyer prepared legal forms and documents necessary to create a combined Healthcare Power of Attorney and Living Will.
We’ll take you step by step through the process of preparing your document. So, don’t wait until you can no longer make a choice – act now – while you can….
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Table of Contents
Important Note
About EstateBee
Using Self-Help Kits
Advance Directives - Healthcare Powers of Attorney and Living Wills
What is an Advance Medical Directive?
Why Do I Need an Advance Medical Directive?
Types of Advance Medical Directives
Living Wills
How Living Wills Work
What is a Terminal Condition?
What is a Persistent Comatose Condition?
What is a Persistent Vegetative Condition?
What Life Support Choices Do I Have Within My Living Will?
Should I Make A Living Will?
State Requirements for Life Sustaining Medical Treatment
Witness Requirements
Appointing an Agent to Revoke or Enforce Your Living Will
Finalizing Your Living Will
What to Do with Your Living Will
Family Discussions
What is a Power of Attorney?
Healthcare Power of Attorney
Capacity to Make a Power of Attorney
What Does Being “Incapacitated" Mean?
Should I Make a Power of Attorney?
The Relationship Between Principal and Agent
Who Can be an Agent?
Joint or Joint and Independent Agents
Alternate Agents
Scope of an Agent’s Powers
Duties and Responsibilities of An Agent
Choosing a Healthcare Agent
Alternate Healthcare Agent
Witness to a Power of Attorney
Commencement of a Power of Attorney
Revocation of an Advance Directive
Do I Need Both a Living Will and a Healthcare Power of Attorney?
Conclusion
Appendix 1 - Signing Instructions
Instructions for Completion of the Durable Power of Attorney for Healthcare & Living Will Document
Instructions for Completion of the Notice of Revocation of a Power of Attorney Document
Appendix 2 - Sample Durable Power of Attorney for Healthcare & Living Will
Appendix 3 - Notice of Revocation
Forms
The following forms are included with this kit:-
- Healthcare Power of Attorney & Living Will Form
- Notice of Revocation of a Power of Attorney
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