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It is important to prepare a Health Care Agency while the principal is still mentally competent to do so. Once a person loses mental ability, either through disease (such as Alzheimers) or injury or accident, they no longer are able to do so. In such an event, the family must go to court for a court-appointed guardian-of-the-person. The beauty of a HCA is that a person can appoint whom he or she wants as their health care agent, and retain control over the appointment -- without any involvement of a court. Guardianship actions in Court are often stressful, emotional, slow, time consuming, and expensive.
A Health Care Agency is very similar to a "Power of Attorney" except that rather than appointing someone to manage your finances and property, you are appointing someone to manage your health care. An HCA gives clear guidance to whomever you appoint (your health care agent) as to your wishes and desires for how you want to be medically treated in the event you cannot speak for yourself. An HCA also authorizes whomever you appoint to talk with your doctors and health care team, inspect and copy your medical records, handle the medical insurance gorms and coordination
You can set up your HCA to take effect immediately upon your signature, or to "spring" in to effect at a later date. A common provision is that the HCA will not take effect until two medical doctors certify that the principal is not mentally capable of managing his or her financial and property affairs. With such a provision, your HCA can "sit on the shelf" for years, but come the day you are incapacitated, your loved ones can "spring" it in to effect.
An HCA authorizes someone to assist you with your health care over a long time. In this way it is different than an Advanced Medical Directive, which is not an appointment of anyone, but simply a directive as to how you would like to be cared for in the event death is imminent.
Advanced Medical Directive. Often called a "Living Will" an Advanced Medical Directive is a very desirable addition to any Health Care Appointment. This provides both you Health Care Agent and the health care providers (doctors, hospitals, etc) clear directions as to whether you would like life-sustaining measures to be taken in the event death is imminent, or if you are in a persistent vegetative state.
Again, it is very important to prepare an Advanced Medical Directive while the principal is still mentally competent to do so. Once a person loses mental ability, either through disease (such as Alzheimers) or injury or accident, they no longer are able to do so. In such an event, doctors and medical caregivers are required by law to make all efforts possible to sustain your life, even if that means keeping you alive under full life-sustaining measures while you are completely comatized.
