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What to Consider When Reviewing Healthcare Proxies and Power of Attorney Documents in the Fall

Signing a contract.
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As the year comes to a close, it's an ideal time to review important legal documents like healthcare proxies and power of attorney (POA) to ensure they still align with your current wishes. Life changes such as marriage, divorce, the birth of a child, or changes in health status can impact your preferences, making it essential to keep these documents up to date. Here’s what you should consider when reviewing your healthcare proxies and POA documents:

1. Assess Current Agents and Representatives

Review the individuals you’ve appointed as your healthcare proxy and power of attorney. Ensure that the chosen agents are still the best fit for these roles and that they are willing and able to act on your behalf. Consider whether their location, relationship with you, or personal circumstances have changed, which might affect their ability to fulfill their duties.

2. Update Health and Financial Preferences

Ensure that your healthcare proxy and POA documents accurately reflect your current health and financial preferences. This includes reviewing your decisions on medical treatments, end-of-life care, and financial management. If your views have shifted due to changes in your health, lifestyle, or financial situation, update the documents accordingly to avoid any potential conflicts.

3. Confirm Document Validity and Compliance

Verify that your healthcare proxy and POA documents comply with current state laws and any recent changes in legislation. Regulations can vary by state, so if you’ve moved or if there have been legal updates, your documents may need adjustments. Consulting with an attorney can ensure your documents remain valid and enforceable.

4. Check for Consistency Across Documents

Review all related legal documents, including living wills, trusts, and estate plans, to ensure consistency in your expressed wishes. Inconsistencies between documents can create confusion or disputes among your representatives, so it’s crucial to align all directives with your current intentions.

5. Communicate Changes to Key Parties

If you make any changes to your healthcare proxy or POA, inform all relevant parties, including family members, your appointed agents, and healthcare providers. Clear communication helps prevent misunderstandings and ensures that your updated preferences are known and respected.

6. Review Digital and Financial Access

For your POA, consider the scope of authority granted regarding digital assets and financial accounts. As technology evolves, it's important to ensure your agent has the appropriate permissions to manage your online accounts, digital assets, and financial matters. Updating these permissions can help your agent act effectively on your behalf.

7. Evaluate End-of-Life Care Preferences

The fall season provides an opportunity to revisit your end-of-life care preferences, which are often outlined in a healthcare proxy or advance directive. Ensure that your wishes regarding resuscitation, life support, and organ donation are clearly stated and reflect your current values and beliefs.

8. Store Documents Securely

Make sure that your updated healthcare proxy and POA documents are stored in a secure but accessible location. Provide copies to your appointed agents, legal counsel, and healthcare providers. Keeping these documents readily available can prevent delays in decision-making during emergencies.

Reviewing your healthcare proxy and power of attorney documents in the fall is a proactive step to ensure they align with your current wishes as the year ends. By regularly updating these critical documents, you can ensure that your healthcare and financial decisions are carried out according to your preferences, providing peace of mind for you and your loved ones. If you need assistance reviewing or updating your healthcare proxy and POA documents, Katie Charleston, PC is here to provide the guidance you need.

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