Health Care Proxy Needs Authorization

February 8, 2013

Planning for the future sometimes involves considering uncomfortable topics such as mental or physical incapacity.  To prepare for this eventuality you will need to select an individual who can handle your financial and medical affairs.  If you have established a revocable living trust your successor trustee would be in a position to manage your assets in trust.  A durable power of attorney would authorize the agent that you select to manage your assets that you own that are not in trust.  The health care power of attorney is used to appoint an agent to make medical decisions in the event of your incapacity.   The individual that you may want to see managing your financial affairs may not be the same person who you would like to make medical decisions in your behalf.
One thing to remember is the need to provide your health care agent with the authority to access your medical records. The medical community may not release medical information to anyone without your consent.  This is accomplished by including a Health Insurance Portability and Accountability Act (HIPAA) release when you are executing your estate planning documents.  To learn more about planning ahead for the possibility of incapacity get in touch with us for a free consultation. You can contact us by clicking this link: Reno Incapacity Planning Consultation

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