Estate Planning · Healthcare Decisions

Healthcare Power of Attorney in Lewisburg

A healthcare power of attorney is about who may make healthcare decisions on your behalf if you cannot. Choosing that person—and a reliable alternate—is a different decision from deciding who may receive information about your care. Dale Law Group, PLLC assists Tennessee clients with healthcare powers of attorney and related advance healthcare directives.

Choose a decision-maker, not just a recipient of updates

Start by asking who could make decisions in a stressful situation, communicate with healthcare providers, and follow your wishes even if they would choose differently for themselves. Consider whether the person is reachable and willing to take on that responsibility. Name an alternate you trust to step in if your first choice cannot serve.

A HIPAA authorization can permit information sharing, but by itself it does not appoint someone to make healthcare decisions. Conversely, do not assume that a healthcare agent always needs a separate HIPAA authorization: state-law authority can make someone a HIPAA personal representative. The documents serve different purposes, so identify whether your priority is decision-making, sharing information, or both.

  • Decision-maker: who should make healthcare decisions if you cannot?
  • Alternate: who could take over if your first choice is unavailable or unwilling?
  • Information access: who should receive updates, and is a separate authorization appropriate for that purpose?

Match authority to your preferences

Tennessee’s Advance Directive for Health Care form addresses an agent and alternate as well as healthcare preferences. Before preparing or revising documents, consider the kinds of care choices that matter to you, how much discretion you want your agent to have, and whether your instructions would help that person act consistently with your wishes.

A power of attorney’s scope, duration, and limits matter; the title alone does not establish that it grants every power. Review your existing documents together so that healthcare decision-making authority, written care preferences, and information-sharing instructions are not mistaken for one another.

    Prepare a short decision record

    A useful starting point is a one-page planning note—not a substitute for the legal document. Write down your proposed primary agent and alternate, why each person is a suitable choice, the preferences you want reflected, and anyone who should receive information but not make decisions. Add a list of current healthcare directives or authorizations and where copies may be found.

    Use the note to flag questions rather than guess at legal effects. For example, ask whether an existing document still reflects your choices, whether its scope is clear, and whether it coordinates with a separate information-sharing authorization. Tennessee’s state form includes instructions about signing and sharing copies; discuss the appropriate steps for your circumstances rather than relying on a generic signing recipe.

      Questions to resolve before preparing documents

      Bring the planning note and copies of existing healthcare-related documents to a discussion with counsel. Useful questions include: Does this document appoint someone to make decisions, or only authorize information sharing? Is an alternate identified? Do my written preferences give enough guidance? Who should have copies, and how should I handle updates if my choices change?

      Dale Law Group, PLLC offers healthcare powers of attorney, advance healthcare directives and living wills, and HIPAA authorizations. The firm is based in Murfreesboro and serves clients in Tennessee, including Lewisburg.

        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. State-law authority can make a healthcare agent a HIPAA personal representative, so whether a separate authorization is useful depends on what access you want and your circumstances.

        Should I name an alternate agent?

        Consider naming someone you trust who could act if your first choice cannot or will not serve. Tennessee’s Advance Directive for Health Care form addresses an agent and an alternate; consider also whether your preferences and existing documents clearly support the people you choose.

        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.