Estate Planning Attorney and Medical Issues

Individuals can engage an estate planning attorney to draw up legal documents regarding future medical issues. One type of document is called a limited medical power of attorney. This can give a client the ability to make plans for the future in case he or she becomes incapacitated physically or mentally. This can give an individual a feeling of control over the future should an illness occur. These medical powers of attorney allow the designation of an agent. The agent will be the legal representative for saying yes or no to a variety of procedures.

Physical injuries, accidents or illnesses can strike unexpectedly leaving a person unable to make decisions about his or her own healthcare. These life or death decisions may be left to someone the client would not want in that position. By drawing up a document with an estate planning attorney beforehand, power over one's own life is retained by the individual. The designated agent will be the one called on to give approval for medications, surgeries or exams or tests.

Mental breakdowns or illnesses can also occur unexpectedly and become so severe that someone else is put in charge of crucial decisions. If these types of decisions are important due to concerns about future mental status, the Advance Directive for Mental Health Treatment might be something to consider. Designated agents would be the ones making decisions for admission to a behavioral treatment center, psychoactive medicines, or electroshock treatments. A client may even designate which mental health facility she or he would like to be admitted to, if necessary. According to the law, a patient cannot be confined to a behavioral unit for more than fifteen days.

The advance directive for mental conditions must be signed by two witnesses and have a written psychiatric write-up from a physician, psychiatrist or psychologist. A Special Limited Medical Power of Attorney can be created during any stage of life which is different from a Living Declaration. A Living Declaration is only valid when a patient is on death's door in a terminal and irreversible state. This document must be signed by two doctors when life-sustaining technique directions are involved. The mental health advance directive is valid for five years unless it is legally withdrawn or suspended.

Hiring an estate planning attorney can help an individual have control over his or her own future. Not only in terms of money and property but regarding important healthcare matters. A sense of peace can be realized when a person knows that no matter what calamities may occur, his or her wishes will be carried out. No one wants their life or death decisions turned over to someone who isn't trustworthy. Taking steps to draw up the proper documents before they're needed will offer a sense of control.