Planning for your future medical needs isn’t something anyone looks forward to, but it’s one of the most important gifts you can give yourself and your loved ones. As a North Carolina resident, having a power of attorney (POA) ensures your wishes are honored if you become unable to communicate.
A health care POA designates a trusted agent to make medical decisions on your behalf if you become incapacitated. Without this protection, your family might face difficult court proceedings during stressful times.
What is a health care power of attorney?
This vital estate planning document is a specific type of advance directive that names a representative to make medical decisions when you cannot. Unlike a general power of attorney, it focuses exclusively on health care matters and typically becomes active only when you’re incapacitated. Your health care agent can:
- Speak with your doctors about treatment options
- Access your medical records
- Make decisions about surgeries or other procedures
- Choose which hospitals or other facilities you’ll use
- Ensure others respect your religious and personal beliefs
Your agent’s authority is limited to health care decisions and doesn’t extend to your finances or property.
When to create a health care POA
Don’t wait for a crisis to establish this critical document. The best time to create your health care power of attorney is while you’re healthy and of sound mind, especially before any planned surgeries or medical procedures. It becomes essential when you’re diagnosed with a serious illness.
Many people include this document as part of their comprehensive estate plan, while others think about it only before traveling for extended periods. Creating a health care POA requires you to be mentally competent, so waiting too long could eliminate your opportunity to name your own representative.
Choosing the right agent
Selecting your health care representative is the most important part of this process. This person should understand your values and be willing to advocate for your wishes, even in difficult circumstances. Look for someone who:
- Lives nearby or could travel quickly if needed
- Remains calm under pressure
- Can understand medical information
- Will stand firm when advocating for your wishes
- Is willing to talk openly about your preferences now
Honest conversations with your chosen agent about your values are crucial so they can confidently represent your wishes.
Working with a skilled North Carolina estate planning attorney ensures that your health care power of attorney meets state requirements and fits into your overall estate plan.