Coronavirus: Living Wills and Health Proxies – What Steps You Should Take Right Now!

Bob Michaels is extremely passionate about providing the best possible legal experience for his clients, and focuses his practice on elder law, estate planning, business, and real estate matters. Bob has been able to provide piece of mind and a solid foundation to many folks in the Puget Sound area over the years and wants to provide resources and relevant information whenever he can. For more information on how Bob can help you and your loved ones through these troubling times, contact Bob to schedule a FREE consultation.

Having well drafted, current documents vital. Not all documents are created equally and are only as good as the words in them. An experienced elder law attorney knows what must be included and ensures you are covered.

As the pandemic continues across the world and reaches epic numbers here in the U.S., it is becoming more important each day that every adult over the age of 40 have some important documents in place. Such as a living will, a health proxy and HIPAA release — at a minimum.

What key steps should you take now?

The tragic reality is that many people will become ill and too many will die from this horrible virus. Having the correct documents in place may make medical decisions easier and avoid tragically wrong medical decisions from being made. If you do not have these documents taken care of don’t wait, call to schedule a free consultation with Bob Michaels as soon as possible.
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Why might your existing documents be dangerously wrong and how can you fix them?
If you do have these documents, be sure they are current! Documents that are old (10 years or more) may be inaccurate, and even though they remain legally binding, they could make things even more difficult if not in line with current circumstances. You should be certain that these documents reflect your current wishes.

If you feel it might be a good time to get these documents updated, call to schedule a free consultation with Bob Michaels. He will review each document with you and discuss what might need to be changed and provide other practical steps you can easily take to protect yourself, and your loved ones.

Think of Others — If you have elderly parents or other loved ones, it’s important to make sure their documents are updated as well.

A Check List to Consider Regarding Covid-19

• Make sure you have your important documents completed and/or updated. They should be signed and should reflect you or your loved one’s current wishes.
• Your health proxy and HIPAA release should list an agent who is able and willing to act. It should also list several successors. If your document(s) are old, if you’ve moved, or if older family or friends are not well, you might need to revise the document and name new people.
• Be certain that you have printed copies of current documents prepared to take with you if you are hospitalized. Having PDFs obtainable using an online app is great but having an envelope with photocopies of the signed documents might make it easier to get through hospital admissions.
• Modify HIPAA Releases, Living Wills, DNRs and Health Proxies specific to the Coronavirus. Historically, if you were hospitalized and a medical decision had to be made, your agent would likely be in the hospital with you, with your documents in hand, prepared to act. Given quarantines and the need for social isolation this may not be permitted in the current environment. That changes the way your health care proxy or HIPAA documents may be used. The agent likely won’t be there to sign documents and communicate decisions in person.
• Consider adding language to all healthcare related documents expressly authorizing your health care agent to give directions by telephone, web conference, email, Skype, FaceTime and/or other forms of communication. Your document should be updated to expressly permit medical providers to accept and rely on your agent’s instructions using these forms of communication. The documents should expressly hold harmless and indemnify all medical care providers from any liability whatsoever for relying on those indirect means of communication by the agent to them.
• Review Language About Intubation in Your Health Care Documents: Intubation is the process of inserting an endotracheal tube into the trachea to secure an airway and breathe for the patient (i.e., provide oxygen to the patient). Because of the nature of coronavirus, this may be essential to treat you for coronavirus should you contract it. However, many standard documents and forms include absolute prohibition of intubation and could prove to be a death sentence if you or a loved one contracts coronavirus.

Important Document Definitions
Living Will – A statement of your health care wishes. It might also address religious considerations, personal preferences and more. Mistakes in these documents could be especially problematic considering coronavirus.
Healthcare proxy – A legal document in which you name a person, called your agent, to make health care decisions for you if you are not able to do so. The current environment is unique in history and a specific change to health care proxies and HIPAA releases (below) might be warranted.
HIPAA Releases – A legal document in which you name a person, called your agent, to communicate with your medical providers and have access to your private health information. Just as with the health care proxy document above, this is a unique time, and special modifications might be worthwhile to make to these documents.
Power of attorney – A legal document in which you name a person, also called your agent (but not to be confused with the agent under the health care documents above), to handle financial, tax and legal matters if you cannot do so.
Will – A legal document in which you designate guardians for your minor children and direct how assets you own will be distributed after your death. Many people use a revocable trust as their primary dispositive document.
 
 
At Tacoma Elder Care we are always looking for ways to educate and assist the aging population here in the Pacific Northwest, and beyond. Tacoma Elder Care was created by Bob Michaels, an elder care attorney in Tacoma who goes above and beyond the basic legal needs of his constituents. For more information or to schedule a FREE consultation, contact Bob HERE.