Living Will, Power Of Attorney and Health Care Proxy

Our law firm can help you make sure your wishes are honored

Not all estate planning actions are about what happens after you die. Some are intended to take care of you in case you are unable to care for yourself.

Three types of estate planning that will come in handy while you are alive include:

  • Power of Attorney
  • Health Care Proxies
  • Living Wills

Hoover Rogers Law, LLP provides estate planning services to people in the Wichita Falls and Lawton area. We get to know our clients personally so that we can offer you the strategy that best fits your estate planning needs and goals.

It is never too early to have an estate plan. Accidents happen all the time. You want to make sure that you have made your choices clear. Even if you don’t think you have a substantial estate, you are still going to want to make your health care plans known.

Defining roles

All three declarations — living wills, power of attorney, and health care proxies — are intended to make decisions for the end of your life or during a period of incapacity.

Power of Attorney — This document names a person who you would want to make decisions for you should you be unable to make them yourself. (Note that the person named as “power of attorney” does not have to be an attorney.)

Depending on your goals, your power of attorney could have limited or vast decision-making power over your finances, property, and other facets of your life. This power may be temporary or permanent depending on how you legally establish this relationship.

If you do not have a designated power of attorney, and you become incapacitated or otherwise unable to make decisions, the court may appoint one to you.

People often choose a close family member to act as power of attorney, like a spouse, sibling or adult child. However, you’re not required to choose a family member. Anyone can act as a power of attorney if they are not a minor or incapacitated themselves.

A “durable” power of attorney is a POA that remains valid without the need for renewal.

Healthcare Proxy — The person declared in this legal document is allowed to make health care decisions for you if you become unable to do so yourself. The difference between a power of attorney and a healthcare proxy is that, in many cases, POAs do not have the authority to make health care decisions for you. They control finances only.

A healthcare proxy may make decisions for you only after a physician has declared you incapacitated.

Living Will —The primary contents of a living will are usually directives for health care and treatment should you become incapacitated. They detail things like which extreme medical treatments you are willing to endure to stay alive and whether you would prefer to have pain management that may shorten your life or not.

Be prepared for any situation

Before the unthinkable happens, it is important that you get your affairs in order so that you are cared for just the way you want. Changes in your health or life situation can happen unexpectedly, and it’s impossible to overstate the power of a plan.

Contact Hoover Rogers Law, LLP to learn more about our estate planning services and what we can do for you to make sure your wishes are carried out regardless of your condition.

A member of our legal team is available 24 hours a day, seven days a week. We are ready to hear from you now.

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