A health care power of attorney (“POA”) is a legal instrument that allows you to select the person (called an “agent”) that you want to make health care decisions for you, if and when you become unable to make such decisions for yourself.
What types of decisions can be made by a health care POA?
A health care POA can govern any decision related to your health that you want to address. A health care POA may include decisions related to organ donation, hospitalization, treatment in a nursing home, home health care, psychiatric treatment, end-of-life (i.e. the use of life support), and more.
When would I use a health care POA?
A health care POA is used when you become unable to make health care decisions for yourself. Your agent will be able to make decisions for you based on the information you provided in your health care POA. Equally important, your agent will be access your medical records, communicate with your health care providers, and so on.
What happens if I don’t have a health care POA?
If you don’t have a health care POA, and you should become disabled to the point where you are unable to make health care decisions for yourself, the hospital will do everything possible to save your life.
Your family, without guidance from you, will be faced with agonizing decisions. Your family members may not be able to agree on how to handle your medical care. Or, you might disagree with the decision your family ultimately makes.
If your family can’t agree on a course of action, they would have to go to an Iowa Court and have a conservator/guardian appointed for you. It may, or may not, be someone you would have chosen. Further, the conservator/guardian may make decisions you wouldn’t have made.
This is all very complicated, time consuming, and expensive. A health care POA simplifies this process by giving you control over how decisions are made for you and allowing you to choose who will carry out your wishes. Best of all, it leaves your family with peace of mind.
Is there a “one-size-fits-all” POA for health care?
No! All Iowans are special and unique, and so are each individual’s issues and concerns. Consequently, this article is presented for informational purposes only, not as legal advice. Please consult your lawyer for personal advice.
Do I need other estate planning documents in addition to a health care POA?
Do you have a health care POA currently? And do you have a complete estate plan? Why or why not? I’d be most interested in any thoughts or comments. Email me anytime at gordon@gordonfischerlawfirm.com or call 515-371-6077.
https://www.gordonfischerlawfirm.com/wp-content/uploads/2017/10/zhen-hu-340739-e1508478740938.jpg18974229Gordon Fischerhttps://www.gordonfischerlawfirm.com/wp-content/uploads/2017/05/GFLF-logo-300x141.pngGordon Fischer2019-10-26 16:44:122020-05-18 11:28:426 Things Iowans Should Know About Health Care Power of Attorney
It’s National Estate Planning Week and while it doesn’t involve costumes or gourds full of candy, celebrating can still be fun. Which brings us to these examples of “unique” (i.e. over the top, kooky, crazy, or weird) estate plan provisions of the rich and famous. In the past we’ve highlighted the unfortunate circumstances of celebrities who died without a valid estate plan dictating to whom they want their assets to go. The lesson there? Don’t leave it up to others what should happen with your property!
Today’s lesson? Your estate plan is unique and you can employ different planning strategies and tools to make whatever (legal) requests and bequests about your estate you wish…even if they’re a little different.
Famous magician Houdini conducted séances during his life and wanted his wife, Bess, to continue the practice upon his own death. A clause in Houdini’s (otherwise “normal”) will requested his wife conduct an annual “session” with the afterlife. Houdini had his wife memorize a secret “code” that he thought would use identification to prove communication from the “other side.” She honored the request for 10 years on Halloween, the anniversary of her husband’s death.
Oprah, Media Mogul
Oprah is the living (thank goodness, let’s not imagine a world without Oprah in it) spokesperson of the benefits of an animal care trust! Reportedly, Oprah has established a trust funded with $30 million for her pet dogs, so that they will continue to have a high level of treatment and care. Sure, a cool $30 mil is more than you or I will ever see in our lifetimes, but compared to Oprah’s total estate it’s just a drop in the bucket. Plus, she plans to give the bulk of her $3 billion estate to charitable causes! “When I’m gone, everything that I have is going to go to charity because I don’t have children. And I believe that that’s what you should do,” she said. “To whom much is given, much should be given back.”
The infamous Joplin tragically passed at the age of 27 in 1970 from a drug overdose. Joplin carried her nonstop party spirit into her will where she left behind $2,500 (which is like the 2018 equivalent of $16,000) for her best friends to have a rocking wake party. A few weeks after her death, the party was indeed thrown in California.
Franklin devised a picture frame to his daughter containing more than 400 diamonds. He left the frame (and thus the gems) to his daughter Sarah under the express provision that she “not engage the expensive, vain and useless pastime of wearing jewels.” He apparently didn’t want her to remove the diamonds from the frame…apparently the request was not honored.
Just like these interesting wills, your estate plan is entirely your own. You can elect to pass your assets on to whomever you wish including your pets, kids, and favorite charities. But, you can’t record these requests until you execute an estate plan! (Remember, a will is one of the multiple documents found in an estate plan.) Get started with my free Estate Plan Questionnaire and contact me for a free consult!
I would love to help you check these items off your list. If you want to get started, download my Estate Plan Questionnaire. Or, you can contact me to discuss your individual situation and what estate planning provisions make the most sense for you!
6 Things Iowans Should Know About Health Care Power of Attorney
Estates & Estate Planning, Powers of AttorneyLet’s set everything straight about all the benefits and important aspects of a health care power of attorney.
What is a health care power of attorney?
A health care power of attorney (“POA”) is a legal instrument that allows you to select the person (called an “agent”) that you want to make health care decisions for you, if and when you become unable to make such decisions for yourself.
What types of decisions can be made by a health care POA?
A health care POA can govern any decision related to your health that you want to address. A health care POA may include decisions related to organ donation, hospitalization, treatment in a nursing home, home health care, psychiatric treatment, end-of-life (i.e. the use of life support), and more.
When would I use a health care POA?
A health care POA is used when you become unable to make health care decisions for yourself. Your agent will be able to make decisions for you based on the information you provided in your health care POA. Equally important, your agent will be access your medical records, communicate with your health care providers, and so on.
What happens if I don’t have a health care POA?
If you don’t have a health care POA, and you should become disabled to the point where you are unable to make health care decisions for yourself, the hospital will do everything possible to save your life.
Your family, without guidance from you, will be faced with agonizing decisions. Your family members may not be able to agree on how to handle your medical care. Or, you might disagree with the decision your family ultimately makes.
If your family can’t agree on a course of action, they would have to go to an Iowa Court and have a conservator/guardian appointed for you. It may, or may not, be someone you would have chosen. Further, the conservator/guardian may make decisions you wouldn’t have made.
This is all very complicated, time consuming, and expensive. A health care POA simplifies this process by giving you control over how decisions are made for you and allowing you to choose who will carry out your wishes. Best of all, it leaves your family with peace of mind.
Is there a “one-size-fits-all” POA for health care?
No! All Iowans are special and unique, and so are each individual’s issues and concerns. Consequently, this article is presented for informational purposes only, not as legal advice. Please consult your lawyer for personal advice.
Do I need other estate planning documents in addition to a health care POA?
Yes, definitely! (It’s even essential for college students.) There are six “must-have” estate planning documents that make up a complete, comprehensive estate plan. (Plus some people may also need to consider a trust.)
Do you have a health care POA currently? And do you have a complete estate plan? Why or why not? I’d be most interested in any thoughts or comments. Email me anytime at gordon@gordonfischerlawfirm.com or call 515-371-6077.
5 Celebrities With Crazy Estate Plan Provisions
Estates & Estate Planning, Wills, Trusts & EstatesIt’s National Estate Planning Week and while it doesn’t involve costumes or gourds full of candy, celebrating can still be fun. Which brings us to these examples of “unique” (i.e. over the top, kooky, crazy, or weird) estate plan provisions of the rich and famous. In the past we’ve highlighted the unfortunate circumstances of celebrities who died without a valid estate plan dictating to whom they want their assets to go. The lesson there? Don’t leave it up to others what should happen with your property!
Today’s lesson? Your estate plan is unique and you can employ different planning strategies and tools to make whatever (legal) requests and bequests about your estate you wish…even if they’re a little different.
Gene Roddenberry, Creator of Star Trek
Roddenberry created the original Star Trek television series and was obsessed with space. So, it was actually fitting he requested a celestial burial. He passed away in 1991 and his request for a disposition of his final remains in deep space was fulfilled in 1997. Roddenberry was cremated and a part of his remains was put on a rocket and launched into orbit. His wife Majel, who played Christine Chapel in the original Star Trek and died in 2008, also elected for a space burial with the same company (Celetis).
Harry Houdini, Magician
Famous magician Houdini conducted séances during his life and wanted his wife, Bess, to continue the practice upon his own death. A clause in Houdini’s (otherwise “normal”) will requested his wife conduct an annual “session” with the afterlife. Houdini had his wife memorize a secret “code” that he thought would use identification to prove communication from the “other side.” She honored the request for 10 years on Halloween, the anniversary of her husband’s death.
Oprah, Media Mogul
Oprah is the living (thank goodness, let’s not imagine a world without Oprah in it) spokesperson of the benefits of an animal care trust! Reportedly, Oprah has established a trust funded with $30 million for her pet dogs, so that they will continue to have a high level of treatment and care. Sure, a cool $30 mil is more than you or I will ever see in our lifetimes, but compared to Oprah’s total estate it’s just a drop in the bucket. Plus, she plans to give the bulk of her $3 billion estate to charitable causes! “When I’m gone, everything that I have is going to go to charity because I don’t have children. And I believe that that’s what you should do,” she said. “To whom much is given, much should be given back.”
Janis Joplin, Rock Singer-Songwriter
The infamous Joplin tragically passed at the age of 27 in 1970 from a drug overdose. Joplin carried her nonstop party spirit into her will where she left behind $2,500 (which is like the 2018 equivalent of $16,000) for her best friends to have a rocking wake party. A few weeks after her death, the party was indeed thrown in California.
Adam Yauch, Singer, Beastie Boys Co-Founder
The talented artist’s will set the record straight for the future of his music. He provided limitations in the use of his likeness and his music with the provision: “in no event may my image or name or any music or any artistic property created by me be used for advertising purposes.” (Whether or not this request is enforceable, regarding a legal difference between publicity rights and copyrights is whole other story.)
William Randolf Hearst, Publisher
Apparently there were rumors circulating that the publishing powerhouse/politician who died in 1951 had fathered illegitimate children. He unequivocally denied this even in his last will and testament, offering anyone who could prove such would inherit $1: “that he or she is a child of mine . . . the sum of one dollar. I hereby declare that any such asserted claim . . . would be utterly false.” No claims came forward alleging paternity, so there must have been something true behind the provision!
Benjamin Franklin, Founding Father/Politician
Franklin devised a picture frame to his daughter containing more than 400 diamonds. He left the frame (and thus the gems) to his daughter Sarah under the express provision that she “not engage the expensive, vain and useless pastime of wearing jewels.” He apparently didn’t want her to remove the diamonds from the frame…apparently the request was not honored.
Just like these interesting wills, your estate plan is entirely your own. You can elect to pass your assets on to whomever you wish including your pets, kids, and favorite charities. But, you can’t record these requests until you execute an estate plan! (Remember, a will is one of the multiple documents found in an estate plan.) Get started with my free Estate Plan Questionnaire and contact me for a free consult!
Ultimate Estate Planning Checklist
Estates & Estate Planning, Wills, Trusts & EstatesIt’s National Estate Planning Awareness Week! In an effort to break down the barriers, myths, and excuses surrounding estate planning, I’ve created this handy dandy ultimate estate planning checklist. It runs down just about everything you need in terms of a comprehensive, quality estate plan including the six major documents, reviewing beneficiary designations, considering if a trust is applicable to you, and discussing your estate plan with your loved ones.
I would love to help you check these items off your list. If you want to get started, download my Estate Plan Questionnaire. Or, you can contact me to discuss your individual situation and what estate planning provisions make the most sense for you!