083: Health Care Power of Attorney

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Cortes Law Firm

5801 Broadway Extension Hwy Suite 110

Oklahoma City, OK, 73118

405-213-0856 

Transcript

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Health care power of attorney. A health care power of attorney is very similar to a durable power of attorney or power of attorney, but it only deals with your health. And this is a very important distinction because like we talked about in our last video, the durable power of attorney is in charge of your finances or assets, real estate, financial accounts, whatever it is. But a health care power of attorney grants somebody your agent, somebody who you implicitly trust to make decisions on your behalf, health decisions. This person could, depending on the jurisdiction have the authority to prevent people from seeing you physically determine which doctors you should be going to, what medicine you need to be taking. All of that. And these are all important decisions that a health care power of attorney needs to have the power to make. A health care power our attorney is going to work in conjunction with your successor trustee as part of your revocable living trust centered estate plan and maybe even your durable power of attorney, in other words, your financial power of attorney to make sure that you get the health care that you need. And what I mean by that is your health care power of attorney needs to work with these other folks to make sure that money from the trust is getting spent on your health care. And this really creates a good checks and balances for you, for your health care to make sure you're taken care of because you have one person that's actually in charge of your health, making sure you're getting the exact care that you need. But you also have your financial person, whether that's your successor trustee or your power of attorney, who's looking after the money to make sure that your health care power attorney is spending that money correctly. Now, that doesn't mean that they should deny you from getting care, the care that you need but you also don't want your health care power of attorney going off on maybe some crazy tangents that you didn't want or spending money on procedures that really are not going to have any effect on your health care. And that goes down another route of actual fraud. But what we're talking about here is creating checks and balances of having your successor trustee and your health care power of attorney and maybe even your durable power of attorney, all working together to make sure you are getting the health care that you need, getting the services that you need to keep you in your house as long as possible, if that's what you want to do Everything that you have outlined through in writing and through conversations with them to get you the health care that you want.