Three Health-Related Documents You Need Now

There are three health-related legal documents every older American should have in place now: a living will, a health care proxy, and HIPAA authorization. Let’s take a look why each one is a crucial part of an estate plan. A Massachusetts elder law attorney can help you put each one in place.

Living Will

A living will gives people the opportunity to record their desires about medical care if they become incapacitated due to illness or injury. The document becomes their voice and ensures that their personal wishes are known when they can no longer advocate for themselves.

A living will does not provide direction to disperse your property upon your death. Nor does it provide the basic health care decisions outlined in a health care proxy. It stands as a separate document that specifically outlines the extraordinary medical decisions regarding the extension of your life.

Even if you have a legally enforceable power of attorney for health care, a living will is an essential health-related document that should be included in your estate plan. In the event of a life-threatening illess or injury that leaves you unable to communicate, decisions about medical care fall to a family member. Family members may not know about your wishes, or they may not choose to follow verbal directives you might have given them at a previous time.

It’s important to note Massachusetts does not allow legally binding living wills. However, a living will can help medical providers and the courts make decisions about your medical treatment.

Health Care Proxy

Massachusetts does have a health care proxy law. A health care proxy is a legal document that gives another person the authority to make medical decisions on your behalf in the event you are unable to make or state your own decisions and wishes. It allows medical professionals to follow the instructions of a third party even if the law would not otherwise allow it.

Spouses or next of kin can generally make medical decisions without a health care proxy, but a more distant family member, friend, or unmarried partner wouldn’t legally be allowed to do so. Under the law, the person named in your health care proxy becomes your medical agent. Health care proxies are essential legal documents for the elderly or those suffering long-term illnesses who may be losing mental capacity.

HIPAA Authorization

HIPAA stands for the Health Insurance Portability and Accountability Act. This is a federal law enacted in 1996 that provided for the creation of national standards regarding the use and disclosure of an individual’s health information.

HIPAA authorization is a legal document that permits your health information to be used or disclosed to a third party. The person designated as your health care power of attorney should also be named in your HIPPA authorization form. You can see and download Massachusett’s HIPAA authorization form here.

Tips for Completing Health-Related Documents

The Law Offices of Adam Tobin can you help you draft a living will, health care proxy, and HIPPA authorization form as well as advise you on how best to store them.

Too many of us put off getting these necessary estate planning documents in place. Contact us today to start or update your estate plan.