Healthcare Power of Attorney in Falling Water

Choose for availability as well as trust

Start by identifying the people you would consider for the primary role and for an alternate role. Compare their likely availability, willingness to take on the responsibility, and ability to understand and communicate your preferences. The right choice is personal; a close relationship alone does not answer whether someone can serve when needed.

Talk with each person before naming them. Ask whether they are willing to take on the role, whether they can be reached in a difficult situation, and whether they would feel able to follow your stated preferences. If your first choice cannot serve, an alternate can help make your plan less dependent on one person.

• Primary choice: Who would you trust to make healthcare decisions in line with your wishes?
• Alternate choice: Who could step in if your preferred agent is unavailable or unable to act?
• Practical fit: Have you discussed your preferences and confirmed willingness with both people?

Keep decision-making authority distinct from information access

A healthcare power of attorney addresses who may make healthcare decisions for you. A HIPAA authorization addresses sharing medical information; that authorization alone does not appoint someone to make decisions. State-law authority can make a person a HIPAA personal representative, so a separate authorization is not automatically required for an agent in every situation.

Review existing paperwork as a set, but do not treat the documents as interchangeable. Compare the healthcare agent and alternate with any people named in an information-sharing authorization, and note any differences you want to discuss. Your financial power of attorney, trustee, and healthcare agent may have different roles and authority.

Prepare a one-page decision and preference sheet

Before discussing documents, make a simple worksheet for your own use. List your proposed primary agent and alternate, their contact information, whether you have spoken with them, and any healthcare preferences you want to explain. Add a separate line for existing advance-care instructions and HIPAA authorizations, including where copies can be found.

Use the sheet to identify questions rather than assume that a preference note has the same effect as a formal directive. Tennessee’s Advance Directive for Health Care form addresses an agent or alternate as well as healthcare preferences, and includes instructions for signing and sharing copies. Review the current form and discuss how your choices should be documented.

• Names and contact details for proposed agent and alternate
• Preferences or concerns you want to communicate
• Existing directives or information-sharing authorizations and where they are kept
• People or providers who should know where relevant documents can be found

Questions to resolve before finalizing

Bring your worksheet and existing healthcare documents to a planning discussion. Ask how to coordinate your proposed agent and alternate with any current directive, whether your preferences are clear enough to guide someone else, and whether any separate information-sharing document is useful for your circumstances.

Dale Law Group, PLLC offers healthcare power of attorney planning and advance healthcare directives and living wills. The firm’s office is in Murfreesboro and serves clients across Tennessee; Falling Water is an unincorporated Census-designated place in Hamilton County, not a separate city government.

• Who should serve if my first choice cannot act?
• How should my preferences be expressed alongside the agent appointment?
• Do my existing documents name different people for decision-making and information access?
• Who should receive copies or know where the documents are kept?