Health Care Powers of Attorney in Kansas and Missouri
A health care power of attorney is a different document from the financial power of attorney. Instead of managing your money and property, this document lets you choose someone to make medical decisions on your behalf if you are ever unable to make them yourself. It is one of the most important pieces of an estate plan, and one that is easy to put off until it is too late to sign.
What a Health Care Power of Attorney Actually Does
With this document, you name an agent who can speak for you on medical treatment, consent to or refuse care, and communicate with your doctors when you cannot do so yourself. Without one in place, your family may be left guessing what you would have wanted or navigating a legal process just to get the authority to make decisions for you.
A health care power of attorney is often paired with a separate document, sometimes called an advanced medical or health care directive or living will, which lets you spell out your own wishes about treatment if you are unable to make those decisions for yourself.
Who Should Have One
Every adult benefits from having a health care power of attorney, regardless of age or health. A sudden accident or illness can happen to anyone, and without this document in place, your loved ones may have no clear legal authority to make decisions or even access your medical information.
Choosing Your Agent
Your agent should be someone you trust to carry out your wishes, even under emotional or difficult circumstances, not necessarily the person who is closest to you or most available. In both Kansas and Missouri, your agent generally cannot be your treating physician, an owner, or an employee of the health care facility where you are being treated, unless that person is also a relative.
It is a good idea to name an alternate agent as well, in case your first choice is unable or unwilling to serve. Just as important as naming an agent is talking with them ahead of time. The more your agent understands what your priorities are ahead of time, the better prepared they will be to act on your behalf when or if the time comes.
After You Sign
It is helpful to share copies with your agent, physician, and other health care providers, and to talk openly about your wishes so there are no surprises later. Since circumstances and preferences can change over time, periodically revisiting the document is also a good idea.
A health care power of attorney gives your family clarity and your chosen agent the authority to act if you are unable to. If you do not currently have one in place, or if it has been several years since you last reviewed yours, our team would be glad to help you put one together or update what you already have.
