Healthcare Power of Attorney

Healthcare Power of Attorney in Strawberry Plains

Choosing a healthcare decision-maker is not just a matter of naming someone you trust. Consider whether that person can be reached, understand your preferences, and act when needed—and decide who should step in if your first choice is unavailable. A healthcare directive can address both an agent and an alternate, along with your healthcare preferences.

Choose for availability as well as trust

Start by comparing the people you might name against the job you want them to do. A nearby or easily reached person may be practical, while someone who understands your priorities may be better able to communicate them. Consider whether each candidate is willing to take on the responsibility and can handle difficult conversations.

Then think through the alternate. An alternate can provide another named choice if your primary agent cannot serve. If you have no clear alternate, consider whether your plan still reflects what you want in that situation. Discuss the role with your candidates rather than assuming they know your wishes.

  • Primary choice: Can this person be reached and communicate with healthcare providers?
  • Alternate choice: Who would you want considered if the primary person is unavailable?
  • Preferences: What values or care priorities should guide discussions?

Separate decision-making from information access

A healthcare power of attorney or advance healthcare directive addresses decision-making authority. A HIPAA authorization is about sharing health information. An information-sharing authorization alone does not appoint someone to make healthcare decisions; conversely, state-law authority to make those decisions can make a person a HIPAA personal representative. Whether a separate authorization is needed depends on the circumstances, so do not treat it as a substitute for naming an agent.

Keep healthcare authority distinct from financial authority. A financial power of attorney, trustee role, or court-appointed role concerns a different source and scope of authority; one document should not be assumed to cover every decision.

    Prepare a one-page decision and document checklist

    Before discussing a plan, make a short list with four headings: primary agent, alternate agent, healthcare preferences, and existing documents or instructions. Under the last heading, note any healthcare directive, living will, HIPAA authorization, or other instructions you already have, and where copies may be found. This gives you a practical way to identify gaps or documents that should be reviewed together.

    Tennessee’s Advance Directive for Health Care form addresses an agent or alternate and healthcare preferences, and includes instructions about signing and sharing copies. Review the form’s instructions rather than relying on a general checklist for execution.

    • Names and reliable contact details for your preferred agent and alternate
    • A brief description of preferences or concerns you want discussed
    • Names or dates of existing healthcare documents, if known
    • Who has copies or where the documents are kept

    Questions to resolve before preparing documents

    Ask each prospective agent whether they are comfortable serving and how they would handle a disagreement or uncertainty about your preferences. Consider what guidance you want to provide without assuming that a written preference answers every future question. If your documents use different names, roles, or instructions, identify those differences for review.

    Dale Law Group, PLLC offers healthcare powers of attorney and advance healthcare directives and living wills. The firm’s office is in Murfreesboro and serves Tennessee; Strawberry Plains is an unincorporated Census-designated place in Jefferson County, not a separate city government. Do not assume there is a local firm office in Strawberry Plains.

    • Does my current directive clearly identify my preferred agent and alternate?
    • Do my healthcare preferences and information-sharing instructions work together?
    • Which existing documents should be reviewed alongside a new directive?

    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 an agent a HIPAA personal representative, so the two documents should not be treated as interchangeable.

    Should I name an alternate healthcare agent?

    Consider whether your plan identifies someone you would want to serve if your primary choice is unavailable. Tennessee’s health directive form addresses an agent and an alternate; review the form and your circumstances when deciding whom to name.

    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.