HEALTH CARE POWERS OF ATTORNEY AND LIVING WILLS

Under Pennsylvania and New Jersey law, you have the right to state your wishes regarding the types of health care you want (and the type of care you don't want).  You also have the right to appoint a "health care agent" (sometimes called a “proxy”) to make important health care decisions for you when you lack decision-making capacity.

A properly drafted health care power of attorney and living will is critical to ensuring that your health care wishes are carried out.  And it is important to ensure that your chosen "health care agent" is making the right decisions on your behalf.  Having clear documents in place also promotes family unity in times of crisis, and avoids potential conflicts and court actions similar to what we witnessed in the Terri Shiavo case.

While there are forms for these documents, it is important that you seek appropriate counsel to confirm that your wishes are unambiguously set forth in a manner that is enforceable under Pennsylvania or New Jersey law.

Both New Jersey and Pennsylvania authorize the use of one document which contain both a “health care power of attorney” - used to appoint an agent to make health care decisions for you and access your protected health information - and an “advanced health care directive” (a/k/a “living will”) - used to designate the types of medical treatment you do not want if you suffer an “end stage” or “terminal” condition.

You have many choices of what to put in your documents.  For example, you may include:

• The person you trust as your agent to make health care decisions for you.  You can name alternative agents in case the first agent is unavailable, or joint agents.
• Your goals, values and preferences about health care.
• The types of medical treatment you would want (or not want).
• How you want your agent or agents to decide.
• Instructions about artificial nutrition and hydration.
• Donation of organs, tissues and eyes.
• Funeral arrangements.

You may be as specific or as general as you wish.  There are, however, limits on what you can put in your health care directive.  For example:

• Your agent must be at least 18 years of age.
• Your agent cannot be your health care provider, unless the health care provider is a family member or you give reasons for the naming of the agent in your directive.
• You cannot request health care treatment that is outside of reasonable medical practice.
• You cannot request assisted suicide.

What Should I Do With My Health Care Power of Attorney and Living Will After I Have Signed It?

You should inform others of your health care documents and give people copies.  You should inform family members, your health care agent or agents, and your health care providers that you have a health care power of attorney and/or living will.  You should give them a copy.  It's a good idea to review and update your health care power of attorney as your needs change.  Keep it in a safe place where it is easily found.

Please contact us for further information.

Powell Trachtman Logan Carrle & Lombardo, P.C.
610-354-9700
www.powelltrachtman.com