Make a Patient Advocate Designation Part of Your Core Estate Plan

woman visiting her senior father in the hospital and holding his hand while they smile at one another - designated patient advocate concept

A core estate plan protects you and your family’s well-being. One important document that should be part of every core estate plan is a Patient Advocate Designation, sometimes referred to as a “Power of Attorney for Health Care”, in which you designate a trusted person to act on your behalf in the event you lose the mental capacity to make healthcare decisions. While a spouse or child will sometimes have a say in your care if you are incapacitated, even close family members do not have a legal right to make certain medical decisions without having the proper Patient Advocate Designation that specifies the type of treatment you want or do not want to receive. Without a Patient Advocate Designation your family may need to file proceedings in probate court to make decisions.

What Responsibilities Does a Patient Advocate Have?

When you choose a patient advocate to act on your behalf, the person you designate can be empowered to make health care decisions if you are injured or ill and lack the mental capacity to make decisions for yourself. This includes consenting to medical treatment, refusing specific types of medical treatment, arranging for care in a hospital or nursing home and instructions about whether you want your organs donated or not. You can also empower your patient advocate to make decisions about mental health treatment and whether to withdraw life support in certain cases.

Not all Patient Advocate Designations should be the same. Although there are many forms available for Patient Advocate Designations, customized drafting ensures that issues important to you are addressed, such as life sustaining treatment if you are in an irreversible coma. An estate planning attorney can help you identify medical care instructions you may not have considered and help your family avoid the time and expenses of probate court involvement should you become incapacitated.

Talk With Loved Ones About Medical Care in the Event You Have Lost Decision-Making Ability

As uncomfortable as it may be, having a conversation with your family and loved ones about “advance directives” which are written instructions in a Patient Advocate Designation about what medical care you do or do not want to receive if you have lost the ability to make decisions, is a very caring and considerate thing you can do for your family and loved ones. Understanding your wishes ahead of time can make difficult health care decisions easier for your loved ones and provide them with the comfort they need to believe they are doing the right thing. These discussions are not only for people in their golden years but are also for everyone given the potential, however slight it may be, for a serious illness or accident. Also, as a practical matter you should always confirm that the person you appoint as your Patient Advocate is willing to take on the decision-making responsibilities for your care if you are disabled.

The Benefits of a Patient Advocate Designation for You and Your Family

A Patient Advocate Designation is a necessary estate planning tool and can give you and your family peace of mind. It is an important document for everyone to have and can also be made part of a core estate plan that may include a Last Will and Testament, Revocable Living Trust and Durable Power of Attorney for Property and Financial Matters.

Schedule a Free Consultation with Ann Arbor Estate Planning Attorney Bill Ager

In my practice at Ager Law Office, I help individuals and families throughout Washtenaw County with all aspects of estate planning, including Wills, Trusts, Durable Powers of Attorneys and Patient Advocate Designations. To talk with me about scheduling a free consultation for a new core estate plan or for updating your existing plan, call (734) 649-0784, send an email to bill@agerlawoffice.com, or use the online contact form on this website.