Living Will

A medical Power of Attorney (POA) with a Directive to Physicians (also called a Living Will)

This is an important document for everyone...and should be done as early as possible in life in case of a serious accident.  It can be done at any age, especially if someone has medical issues or may need major surgery at some point.  It outlines what measures you wish to have taken if you are not conscious or unable to communicate your needs, and who can make decisions for you if you can't.  You can state whether you want to be resuscitated or be kept alive on a machine, or allowed to die in dignity.  You make the choices YOU want for your life and your future quality of life. 

An important consideration with a medical power of attorney is to designate someone who can be your representative in case you are incapacitated in an accident or medical situation, so think carefully about who you will name first.  Be sure that person agrees to take on the responsibility for your care.  You should also name a second person if the first is unable or unwilling to make your decisions (example, your spouse first and a responsible adult child second). 

Due to the new HIPAA privacy laws, you must be sure that your medical POA includes a specific sentence that says your representative has access to all your medical records.  Recently, my mother fell and injured her knees and was unable to leave the house because she couldn't put weight on either knee.  I tried to get her medical records from the ER visit to take on to her orthopedic doctor.  I was told that neither the formal Durable POA nor the Medical POA specifically mentioned medical records.  Because of this, I was given three options.  First, write an addendum to the medical POA to include medical records and have my mother sign it in front of a notary.  Second, I could have the "request for records" form filled out and signed by my mother stating which doctor they were to be sent to (and either fax it or bring it back to the hospital).  Third, the easiest at the time, was to have the doctor's office request the records be faxed directly to them.

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