Health Care Powers of Attorney

[Guest guest]

Hello, all,

My husband and I are going through a situation with his father, who

has alzheimer's. I won't discuss it at length, but it has prompted

me to start a new " soapbox " discussion.

Just as it is important to have a will, it is important to have a

health care power of attorney in place, especially for folks who are

aging or folks who have a serious or debilitating illness.

A health care POA specifies that in the event one becomes unable to

manage one's own health care, a designated person is named one's

health care agent and able to make decisions on one's behalf. At

least in NC, health care POAs must state that a specific doctor is

responsible for determining if one has lost one's capacity to the

extent that the health care agent must take over.

In most cases is not necessary to get a lawyer to draw up a Health

care POA. However, there are usually legal steps to follow. In NC,

a sample health care POA is available at the website of the state's

secretary of state. IN NC the health care POA must be witnessed by

at least two people who are not related to the person signing, and

the person signing must do so in front of a notary. Then the POA

must be filed at the local register of deeds. It can sit there and

not be used until such time as the specified doctor decides that the

individual can no longer make his/her own health care decisions.

If there is no health care POA in place and an individual becomes

incompetent before one can be executed, then in many states a

guardianship hearing is required, even for the spouse to take over.

That is an ordeal in itself.

So, talk to your loved ones and friends. Having a health care POA in

place can save a lot of hardship and heartache at a difficult time.

Addy

Group co-owner