Health care powers of attorney protect patients' interests

After the Cruzan case, people drew up “living wills” to give directions to health care providers. In 1991, the Missouri Power of Attorney statutes were supplemented to allow residents to appoint agents to make health care decisions for them when they are no longer able to express their own desires.

A health care power of attorney can be executed so that family members may start, terminate or prohibit medical procedures when life has no meaningful value or quality.

Area hospitals and the Springfield Metropolitan Bar Association have free health care power of attorney forms for patients to obtain and fill out. In the document, you will select an agent (called an attorney-in-fact) as the primary decision-maker when you are unable to express your health care desires. As long as you can communicate your desires, the agent may not act on your behalf.

Most clients will first select their spouse, if married, often followed by children or other relatives. You may, of course, name a friend, neighbor or other trusted individual.

The people named in the power of attorney serve as the decision maker in the order listed in the document. If you wish for your agent to have the right to withhold or withdraw artificially supplied nutrition or hydration (tube feeding of water and food), the document must expressly authorize that power.

Many powers of attorney also will allow the agent to prohibit surgery, heart-lung resuscitation (CPR), antibiotics, dialysis, respirators, chemotherapy and radiation. If the agent wishes to try a procedure for a time to see if it will provide recovery, the agent may do so. If it does not work, the procedure may then be terminated, even if it shortens the patient’s life.

A health care power of attorney may contain directives for the agents to follow in the event they must act. It is comforting to your designated agents to have the directives to guide them in making decisions on your behalf. Your agent is exonerated from personal financial liability when acting for you, and although they may be reimbursed for their expenses in serving, they are not generally entitled to compensation. Any person who relies in good faith on your agent shall not be liable for following their directives.

Executing a health care power of attorney will insure that your instructions for care will be implemented. Your family and loved ones will also benefit because they will be able to act as agents with the assurance that they are correctly carrying out your wishes.

Stephen F. Aton is an attorney providing services in corporate law, estate planning and personal injury. He is also owner of Aton Title Company and may be reached at steve@atonlaw.com.[[In-content Ad]]