Estate Planning and Probate · Eastview, McNairy County

Healthcare Power of Attorney in Eastview

Choosing a healthcare agent is more than naming someone you trust. Consider whether that person can make decisions consistent with your wishes, whether an alternate is appropriate, and how your instructions and medical information will be accessible when needed.

Compare decision-makers, not just names

Start by comparing potential agents on practical readiness: Can each person understand your preferences, communicate with healthcare providers, and take on the responsibility if a decision is needed? Consider whether the person is likely to be reachable and willing to serve. A close relationship alone does not answer those questions.

Think through an alternate as well. Naming one can identify whom you would want considered if your first choice cannot serve. Discuss the role with the people you are considering, and make sure your choices reflect your current wishes rather than an assumption that one person will always be available.

    Separate healthcare authority from information access

    A healthcare power of attorney addresses who may make healthcare decisions for you under the applicable authority. A HIPAA authorization concerns sharing protected health information. An information-sharing authorization by itself does not appoint someone to make healthcare decisions.

    These documents may work together, but they do different jobs. Federal guidance recognizes that state-law authority can make a person a HIPAA personal representative; a separate authorization is not automatically required for every agent. Review any existing authorizations alongside your healthcare directive rather than treating access to information as a substitute for decision-making authority.

      Create a one-page preparation sheet

      Before a planning conversation, make a simple working sheet with four headings: preferred agent, alternate, healthcare preferences to discuss, and existing documents or instructions. Under the last heading, note where relevant documents are kept and who has copies. This is an organizing tool, not a replacement for the directive or legal advice.

      Tennessee’s Advance Directive for Health Care form addresses an agent and alternate as well as healthcare preferences, and includes instructions concerning signing and sharing copies. Bring existing directives and information-sharing authorizations for review so that the documents can be considered together.

      • List each person you are considering and any practical concern you want to discuss.
      • Write down preferences or questions you want your agent to understand.
      • Gather existing healthcare directives and HIPAA authorizations, if any.

      Questions to resolve before choosing

      Ask yourself: Would this person be able to follow my preferences even if their own views differ? Who would I want considered if my first choice is unavailable? What information should be shared, and with whom? Do my existing instructions still reflect what I want?

      Dale Law Group, PLLC offers healthcare power of attorney, advance healthcare directives and living wills, and HIPAA authorizations. The firm serves Tennessee from its office in Murfreesboro; Eastview is in McNairy County. A planning discussion can help clarify which documents address authority, preferences, and information access in your situation.

        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 may make someone a HIPAA personal representative, so review the roles and documents together.

        Should I name an alternate agent?

        Consider whether you want another person identified if your preferred agent cannot serve. Compare both people’s willingness, availability, and ability to understand and communicate your preferences.

        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.