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April Harris Jackson

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Who should I name in my healthcare power of attorney?

Who should I name in my healthcare power of attorney?

Your medical power of attorney, also known as your healthcare power of attorney (HPOA),  should name somebody who is accessible in an emergency. This is someone who will naturally be right by your side or someone who will be available by cell phone. This person is known as your “agent” for healthcare decisions.

Who is the best person for the job?  

The ideal candidate for a healthcare agent is someone who can meet these basic qualifications: 

You trust their judgment

It’s good to have somebody who is already in a position of making decisions with you and for you. Someone who you would trust to help you in carrying out the decisions that you have made. They also need to be able to take the information you have provided them and apply it to a different situation. 

They can handle stress in an emergency

All medical emergencies are stressful. Pick an agent who has a history of making logical decisions at difficult times. 

The agent will honor your values regarding medical decisions or end-of-life care

The agent you choose should be someone who knows you very well. You have discussed your values, goals, and preferences. Make sure your agent is someone who will act as your spokesperson and advocate.

You feel comfortable speaking to them about your death, dying, or care during incapacitation

In order to have a good healthcare agent, make sure that you are both comfortable discussing your values around death and dying. This is a serious topic that deserves a well-thought-out conversation. Be prepared to discuss what quality of life you want to have and what types of treatments you would want to have to maintain it. The more you speak together about your feelings towards death, dying, and treatments if incapacitated, the better your agent will be. 

They will be available at any time

A good healthcare agent is someone who is going to be available when you need them. There’s no way for you to know when you will need your healthcare power of attorney. You need a reliable person who will answer the phone or make a return call as soon as they get the message that they are needed to make healthcare decisions for you. 

Someone who lives nearby

Oftentimes it’s a good idea to choose an agent who lives close by. While not completely necessary, it is better to have an agent who will naturally come to the hospital to be with you during an emergency. 

Someone who is younger than you

While not necessary, it is often very useful to have an agent who will likely outlive you. 

close up of a person wearing leather shoes and blue jeans. They are standing on asphalt in front of arrows that point in several directions. The largest arrow says "Medical Decisions"
Choose someone who can be your proxy for medical decisions.

In conclusion

Again, your healthcare agent should be someone who is easily accessible. Someone that you feel comfortable discussing your wishes with, even though they may be uncomfortable topics, and someone who respects your choices and would help you carry them out. Most people pick their spouse or adult child to be their healthcare agent. However, if you have a medical professional in your family, that person may be a good choice depending on their relationship with you. Ultimately it is up to you to choose someone you are comfortable with making these types of medical decisions. 

Why do you need a healthcare power of attorney?

While not all healthcare power of attorneys ever go into effect, it is important to have one in the case of an emergency. You never know when you will be unable to make decisions or communicate your decisions for yourself. If you need help with creating a healthcare power of attorney, medical directive, or other documents that formulate a well-thought-out estate plan, consider scheduling an initial call with us.  

Heading to College? Get Your Shit Together

Heading to College? Get Your Shit Together

From a legal standpoint, parents don’t have a lot of rights after you turn eighteen. But we often rely on our families more than we realize, something I was jerked into remembering during my junior year of college when I was rushed to the emergency room and soon told that the surgical team was ready for me. Ummmm….can’t I call my mom first???!!!

Fortunately my situation worked out, but as a lawyer, I can’t help thinking about what if I had not been awake to call my parents. What if I needed more extreme medical treatment and couldn’t tell the doctors what I wanted?

Here’s what you need…

This is where you can learn from my mistakes. Get your legal shit together before you head off to college. Or after. But as soon as you can. I will even help you get everything completed by video call.

As a bona fide adult, you need a minimum of three documents in case of an emergency:

Healthcare Power of Attorney– This document allows you to appoint someone you trust to make decisions if you can’t communicate with your medical providers.

Financial Power of Attorney– A financial power of attorney allows you to give someone else permission to act on your behalf on financial matters. That means paying bills, completing financial aid or loan applications, dealing with insurance companies, and other ways that, well, adulting sucks. You’ll need to choose whether you want this to become effective immediately or only when you are unable to handle your own business.

Signed HIPAA Form– Now that your parents don’t have access to your medical records, you might want to consider authorizing someone to see them. Often family is a good go-to for all things medical (see: hereditary conditions) but you can name anyone-and everyone- you’d like. Mom, Dad, Brother, Best Friend, Fifth Grade Teacher? If you love them enough to share your blood panel results, then a HIPAA waiver is no biggie.

If you wanna get fancy, you can also sign a FERPA waiver to let your trusted adult have access to your educational record. It’s the grown up version of the school sending home your report card to show how smart you are. 🤓

Who should you name?

These are your documents, so you can name any adult you want to act in case you can’t (or don’t want to). In most cases that’s a parent, but let’s be real. Not all parents are created equal. Sometimes your “trusted adult” is your aunt, your neighbor, or your cousin. Whoever you name, it should be someone you trust with your life and your 💵 bank account.

When you’re ready to start getting your adult shit together, just text the word ADULTING to 615-846-6201. The cost for all of these documents together is $500 through our office. Your family might even be willing to foot the bill if you show them how responsible you’re being!