Estate Planning and Probate
Healthcare Power of Attorney in Normandy
A healthcare power of attorney is about more than naming someone. Consider who you trust to make decisions, who could step in if that person is unavailable, and what guidance you want them to have. Dale Law Group, PLLC offers healthcare power of attorney planning for people in Normandy and throughout Tennessee.
Choose for judgment and availability
Start by identifying the person you would want to speak for you if you could not make or communicate healthcare decisions. Consider whether that person understands your priorities, can communicate with the people involved in your care, and is realistically available when needed. Familiarity with your wishes matters, but so does being willing and able to take on the role.
Then consider an alternate. An alternate is a separate choice for the situation in which your first choice cannot serve. Compare candidates individually rather than assuming the person closest to your first choice is automatically the best backup. Discuss the responsibility with each person you are considering.
- Primary choice: Who can make careful decisions while keeping your priorities in mind?
- Alternate choice: Who would you trust if your primary choice were unavailable?
- Preferences: What information about your values or care priorities would help either person?
Separate decision authority from information sharing
A healthcare decision-maker and a person authorized to receive health information are not necessarily the same thing. Under HIPAA, state-law authority can make someone a personal representative. A separate information-sharing authorization, by itself, does not appoint that person to make healthcare decisions.
That distinction does not mean an agent always needs a separate HIPAA authorization. Instead, consider what role each document is meant to serve and whether the people named and the instructions fit together. Dale Law Group, PLLC also offers advance healthcare directives and living wills, and HIPAA authorizations, as part of planning.
Make a short preparation worksheet
Before a planning conversation, write down your proposed primary agent and alternate, plus a few sentences about the values or preferences you would want them to consider. Add a separate note identifying anyone you want to have health information, and whether that person is also one of your proposed decision-makers. This simple comparison can reveal where your choices or expectations differ.
Tennessee’s Advance Directive for Health Care form addresses an agent, an alternate, and healthcare preferences. It also includes instructions for document signing and sharing copies. Use the form’s own instructions rather than relying on a general checklist to determine how to complete it.
- List each proposed person and the role you have in mind for them.
- Note any preference or instruction you want discussed as part of your plan.
- Gather existing healthcare directives and information-sharing authorizations so they can be considered together.
Questions to bring to the planning discussion
Ask how your proposed agent and alternate choices work if a person cannot serve, and how your stated preferences should be expressed. If an existing document names someone else or describes different instructions, bring it along and ask how it should be coordinated with your current plan.
For Normandy residents, the relevant next step is planning for healthcare decision-making, not locating a probate office. Dale Law Group’s only office is in Murfreesboro; the firm serves clients in Tennessee. Contact the firm to discuss healthcare power of attorney planning and related documents.
Questions to bring to the discussion
Does a HIPAA authorization name my healthcare decision-maker?
No. An information-sharing authorization alone does not appoint a healthcare decision-maker. State-law authority can make someone a HIPAA personal representative, so consider the purpose of each document and how they work together.
Should I name an alternate agent?
Consider naming a backup in case your first choice cannot serve. Compare the people you are considering for judgment, understanding of your priorities, and availability, and discuss the responsibility with them.
Discuss your next step with Dale Law Group
Begin with a brief, non-confidential overview. The firm will discuss your needs and appointment arrangements.
General information, not advice for a particular situation. Sending an inquiry does not create an attorney-client relationship.
