Healthcare Power of Attorney
Healthcare Power of Attorney in Trezevant
Choosing an agent is only one part of the decision. Consider who can make healthcare decisions, who should step in if that person is unavailable, what preferences you want recorded, and how your care team may receive relevant information.
Choose for judgment and availability
Start by comparing possible agents on two separate questions: Can this person make decisions consistent with your wishes, and are they likely to be reachable when needed? A trusted person who lives far away may still be your choice, but you may want an alternate who could respond if the first person is unavailable.
Discuss the role before naming someone. Consider whether each person can communicate calmly with family and healthcare professionals, understand your preferences, and ask questions when circumstances are unclear. The Tennessee Advance Directive for Health Care form provides for an agent and an alternate; it also addresses healthcare preferences.
- Primary choice: the person you would trust to make decisions on your behalf.
- Alternate choice: someone you would trust to step in if your primary choice cannot act.
- Preferences: the instructions you want considered alongside the decision-maker’s role.
Keep decision authority separate from information access
A healthcare power of attorney concerns authority to make healthcare decisions. A HIPAA authorization concerns sharing health information; by itself, it does not appoint someone to make those decisions. The documents may work together, but they serve different purposes.
Under HIPAA, a person with healthcare authority under applicable state law can be treated as a personal representative. That does not mean every agent always needs a separate HIPAA authorization. Consider who needs information, what information should be shared, and whether your existing documents already address access.
- Decision-maker: who may act on healthcare matters under the applicable authority.
- Information access: who may receive health information and under what authorization.
- Care preferences: what you want documented for those involved in your care.
Prepare a one-page decision guide
Before discussing documents, create a short guide for yourself and your prospective agent. List your proposed primary and alternate, how to reach each, the healthcare decisions or preferences you want discussed, and any existing directives or information-sharing authorizations. Mark anything you are unsure about rather than treating it as settled.
This guide is a planning aid, not a substitute for the directive. Use it to identify mismatches—for example, a person named to make decisions who does not know your preferences, or an information-sharing document that names someone you do not want making decisions.
- Gather copies of existing healthcare directives, living wills, and HIPAA authorizations.
- Write down questions about the scope of authority, alternates, preferences, and information access.
- Identify who should receive copies of the completed directive; Tennessee’s form includes document and copy-sharing instructions.
Review the whole plan together
Dale Law Group, PLLC offers healthcare powers of attorney, advance healthcare directives and living wills, and HIPAA authorizations. Reviewing these together can help clarify whether the person you want making decisions is also the person you want receiving information, and whether your recorded preferences are consistent with your choices.
For Trezevant residents, the firm’s listed office is in Murfreesboro, not Trezevant. The firm serves clients across Tennessee; contact the office to ask about discussing your documents and next steps.
- Who should be my primary agent and alternate, and what should I discuss with each first?
- How do my current directive and any HIPAA authorization differ in what they allow?
- What preferences should I record, and who should receive copies?
Questions to bring to the discussion
Does a HIPAA authorization appoint my healthcare decision-maker?
No. An information-sharing authorization alone does not appoint a healthcare decision-maker. Healthcare authority and permission to share health information are distinct; review what each of your documents provides.
Should I name an alternate agent?
Consider who you would trust if your first choice could not act. Tennessee’s Advance Directive for Health Care form provides for an agent and an alternate. Discuss availability and your preferences with both people.
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.