Category: Health Directives, HIPPA, and Power of Attorney

Ensure your healthcare wishes are honored with the right planning documents. This blog category covers advance directives, living wills, healthcare proxies, and power of attorney. Get  insights and legal guidance to make informed decisions and protect your future medical care.

  • Why I Use Red Ink for Allergies on a Health Care Directive

    Why I Use Red Ink for Allergies on a Health Care Directive

    Allergies on a Health Care Directive

    Adding allergies to your health care directive can save your life. Do you recall adding allergies to your directive? Can you even find the section for allergies?

    Covering scenarios like allergic reactions, life support, resuscitation, and organ donation on your directive helps your agent communicate with your doctor(s).

    If you are unsure or need help addressing allergies, take the time to find out, find out fast.

    Health Care Directives in General

    Health care directives are crucial documents that outline your medical wishes in case you become unable to communicate them yourself. They provide guidance to medical professionals and loved ones regarding treatments you do or do not want.

    By creating one, you retain control over your medical care, even in challenging circumstances, offering peace of mind to both you and your family.

    What Is an Allergy?

    Of course, you already know your own allergies, but in case you do not. An allergy is an exaggerated immune system response to a harmless substance, known as an allergen.

    Symptoms range from death to mild or severe. Mild and severe allergic reactions can include sneezing, itching, hives, swelling, and in severe cases, anaphylaxis, and loss of bodily function.

    Allergies can affect various parts of the body and are commonly triggered by pollen, food, medications, or insect stings.

    Which Allergies On a Health Care Directive Should You List?

    All allergies, big and small, should be listed on your health care directive. This includes:

    • Drug allergies,
    • Food allergies,
    • Botanical allergies,
    • Pet allergies, and
    • Any other allergy known or expected.

    Use Red Ink On Your Health Directives

    The reason I use red ink to identify allergies is obvious:  I want everybody and anybody caring for my health to know about my allergies.

    Look, lets not make this hard.  When times get difficult, everybody must know about your allergy.

    Using red ink to make a point on paper can enhance visibility and draw attention due to its strong contrast against most backgrounds. Additionally, red is often associated with importance, urgency, or emphasis, making it an effective choice for highlighting key information or critical details in documents or presentations.

    Thus, print allergies on a health care directive in red ink.

    No Known Allergies?

    Knowing that you do not have any known allergies is just as important as declaring your allergies.

    Expressing your feedback to an EMT through a Health Care Directive is crucial for safe and effective medical care. Allergies can influence treatment decisions, medication prescriptions, and potential adverse reactions.

    Providing accurate information ensures your doctor can tailor treatment plans to your specific needs, minimizing risks and optimizing health outcomes.

    In other words, if there are no known allergies, then the section devoted to allergies should be clearly state “no known allergies”.  Also, do not get fancy by using an acronym.  Health care professionals do not have time to decode your health care directive when a medical emergency takes place.

    Healthcare Directive Doesn’t Have Room for Allergies

    If it doesn’t have a section, make a section.  Running out of room is a horrible excuse for declaring specific issues regarding our health.  As a result, I am not going to entertain this any further.

    Allergies on a Health Care Directive: Wear a Bracelet

    If you wear a bracelet or another document that contradicts your health care directive, then more problems can develop.  

    Wearing a bracelet declaring your allergy is a proactive safety measure.

    In emergencies, it alerts medical professionals and bystanders to your condition, ensuring appropriate treatment and potentially preventing serious reactions. It serves as a constant reminder to take precautions and empowers you to navigate daily life with confidence and peace of mind.

    Should You Update Your Health Care Directive?

    Regularly updating your health care directive is vital as your health evolves. Changes in medical conditions, treatments, or personal preferences may render previous directives obsolete or inadequate.

    By ensuring your directive reflects your current wishes, you maintain control over your medical care, preventing misunderstandings or unwanted interventions.

    This proactive approach empowers you to align your end-of-life preferences with your values and circumstances, easing decision-making for loved ones during challenging times.

    Regular updates also foster open communication with healthcare providers, facilitating a collaborative approach to care that respects your autonomy and ensures your wishes are honored effectively.

    Best Time to Add Allergies to your Health Care Directive

    The best time to get a health care directive and add information about your allergies is now. Regardless of age or health status. Unexpected medical emergencies can arise at any moment, making it crucial to have your wishes documented in advance.

    By creating a directive early, you ensure that your preferences are known and respected, providing peace of mind for both you and your loved ones.

    Procrastination can lead to missed opportunities and added stress during critical moments. Taking proactive steps to plan for your future healthcare empowers you to maintain control over your medical decisions and ensures that your wishes are honored, whatever the circumstance.

  • Power of Attorney Is Dangerously Powerful

    Power of Attorney Is Dangerously Powerful

    A power of attorney in Minnesota is the process of using a piece of paper to grant another person powers. These powers are significant.

    Families use a power of attorney form as a supplement to other estate planning documents, like a revocable trust, to provide for and manage life when things go wrong or as life changes.

    When Do the Powers Start?

    There are two different times when POA documents can start. The first is immediately and the second is in the future. Being able to pick when you want a Power of Attorney form to start is an important ability.

    Of course, whenever families are given choices, it can be difficult to decide which is best. In my experience, a person already knows. In other words, ask whether you trust the person you are considering as an attorney-in-fact. Then, review their personal attributes and tendencies.

    Advantages of an Immediate Power

    The immediate activation of a power of attorney provides swift and seamless delegation of authority. Also, it offers a crucial advantages in various scenarios.

    This proactive approach ensures a smooth transition of decision-making power, especially in situations where prompt action is essential.

    For instance, in the event of a sudden illness, business transaction, or travel, having the power of attorney take effect immediately allows the appointed agent to act promptly on the principal’s behalf, addressing urgent matters without delay.

    Further, this immediate activation proves beneficial in financial and legal matters. This enables timely execution of contracts, property transactions, and other time-sensitive affairs.

    Also, It simplifies administrative processes and eliminates potential delays. An action that is contingent on a triggering event is sometimes far to cumbersome.

    Overall, the immediate start of a power of attorney streamlines decision-making, promoting efficiency and responsiveness to the principal’s needs.

    Springing Powers for a Power of Attorney

    Now, sometimes families formalizing their estate planning documents want a delay. This is called a springing power.

    A springing power of attorney offers several distinct advantages, providing a flexible and safeguarded approach to managing one’s affairs.

    Unlike a regular power of attorney that takes effect immediately upon execution, a springing power of attorney “springs” into action only under specific conditions outlined by the principal.

    This delayed activation allows individuals to retain control over their affairs. For some, there are tax reasons why this is important. For others, waiting until a triggering event, such as incapacitation or illness, just makes sense.

    One primary advantage is the preservation of autonomy. With a springing power of attorney, individuals maintain decision-making authority over their financial, legal, and healthcare matters until they are unable or unwilling to handle them. This feature is particularly valuable for those concerned about potential abuse or misuse of power.

    Additionally, the springing power of attorney enhances privacy by ensuring that the appointed agent steps in only when necessary. This prevents unnecessary intrusion into the principal’s affairs during periods of competence and independence.

    Moreover, the springing mechanism provides a built-in safety net. It addresses the risk of premature activation by requiring a clear demonstration of the specified triggering event.

    The demonstration of an event is usually documented through the certification of a professional, like a medical doctor.

    The Magic Behind a Power of Attorney

    Every family and situation is different. Discover the secrets and benefits of the Power of Attorney by reviewing your goals and obtaining an unbiased opinion on timing. A durable POA might be the key to an empowered decision that can occur in the present.

    So, unlock the potential that an intentionally crafted document holds for your life’s journey. Your future self will thank you.

  • Living Wills And Their Suggested Form

    Living wills in Minnesota can be tricky. For better or worse, there is a suggested form. Under Minnesota statute 145B.04, there is a standard form that is supposed to help people express their wishes when or if they become terminally ill. Unfortunately, the statute requires strict compliance that often creates a host of other issues.

    Take a hard look at the statute for living wills. Minnesota’s standard form creates lots of lines and spaces. When filled out incorrectly, these lines and spaces cause problems for families and doctors.

    The biggest risk for anybody using the suggested form is the risk of contradiction. In other words, filling out the suggested form may contradict other significant documents like a health care directive, an organ donation card, or even worse, a power of attorney designation.

    On the other hand, when a living will is drafted alongside other life planning documents, living wills can answer lots of significant questions.

    Pros and Cons for Living Wills

    • Identify a proxy or person who can carry out another person’s wishes;
    • Appoint a guardian;
    • Express wishes for organ donations;
    • Answer questions about life sustaining treatments; and
    • A host of other issues related to terminal conditions.

    Likewise, living wills have negatives too, which can include:

    • Blurring the lines of healthcare agents and living will proxies;
    • Creating risk for contradiction between other estate planning tools;
    • Provide an opportunity for unclear directives; and
    • A host of other issues.

    Again, living wills serve a tremendous purpose. Because Minnesota law makes a distinction between healthcare directives and living wills, the bigger concern is addressing conflict and unintended consequences.

    Thus, draft, check, and revisit every estate planning document to prevent contradictions.

  • Health Care Needs And Changing Estate Documents

    Health Care as a result of the Corona Virus is rapidly changing everything. This includes issues with past estate planning documents specific to our healthcare.

    All people, are encouraged to immediately review their healthcare related documents. This is especially true for people 60 and over or with a chronic underlying condition. Health care documents include: living will, DNR, health care proxy, and HIPAA releases.

    In many instances in the past, an agent would be in the hospital with the individual who appointed them, document in hand when prepared to act.

    Given quarantines and the need for social isolation this may not only be impractical, but may not be permitted.

    Language should be expressly added to all healthcare related documents wherein the person executing the document expressly authorizes the agent to give directions by telephone, text, facetime, web conference, email and other forms of communication.

  • 13 Super Powers for a Power of Attorney in Minnesota

    Powers described in a Power of Attorney form give another person the ability to act on behalf of another person. I like to call these “Super Powers” because they generally do not require verification from the grantor.

    If you have attended one of my community education courses, then you know what I am referring to. If not, below is a short list of powers a grantor has the option of granting to their attorney in fact by using the form under Minnesota Statute 523.23.

    Powers Under the Short Form

    As referenced inside Form 100.1.1 and known as Minnesota’s Statutory Short Form Power of Attorney, the grantor can give their attorney in fact the ability to:

    1. Make real estate transactions,
    2. Transfer personal or tangible property,
    3. Manage bonds and commodities,
    4. Complete banking transactions,
    5. Make business transactions,
    6. Handle insurance issues,
    7. Make beneficiary transactions,
    8. Render fiduciary transactions,
    9. Seek litigation,
    10. Manage family maintenance,
    11. Handle military benefits,
    12. Record reports and records,
    13. Govern all other matters.

    Each Ability Described

    Of course, the above words and phrases do not mean much if the person trying to govern a responsibility doesn’t understand its scope. For this type of person, perhaps revoking authority is a stronger response. Otherwise, Minnesota has an answer for managing responsibility too.

    For those curious, the construction of these terms are described thoroughly under Minnesota Statute 523.24. Additionally, please contact this law office for feedback regarding your specific situation.

  • Updated Health Care Directive Requirements

    Health care directive requirements change often.  I challenge you to find your directive and make sure it included the following:

    • Dated,
    • Signed by the person making the declaration,
    • Includes updated health care needs,
    • Contact information for loved ones (like their new cell phone number) are accurate,
    • A copy was given to every doctor seen in the last few years, and
    • Signature was verified by a notary and two unrelated witnesses.

    Luckily, Minnesota has a list of formal requirements under MN statute 145C and 253B.

    If you need help with a directive, please contact me directly.  Otherwise, here is a free health care directive.

  • Epilepsy Estate Planning Questions and Answers

    In a recent class, I was asked about an estate plan for a person with Epilepsy.

    In hindsight, I could have offered a better answer to our discussion regarding capacity and sound mind.

    Thus, please allow me an opportunity to identify some ancillary support to families trying to manage this very difficult medical condition.

    Epilepsy Estate Plans – A Suggestion

    No, there isn’t a specific will or estate plan exclusive to a person with this condition.  Instead, the goal of any plan is to draft documents that encompass as many issues as  possible,  epilepsy and then some.

    When a person’s cognitive ability is lacking or prevents them from doing certain things, I believe a strong approach to an estate plan is  asking for help from the  doctor offering care.  In other words, asking a doctor to render a written medical opinion on whether a person is of sound mind.  Then, asking the doctor to attach their favorable  medical opinion to the patient’s chart or medical records.

    Epilepsy Estate Plan Rules

    Again, there isn’t a specific law exclusive to epilepsy.  That said, Minnesota identifies a sound mind standard for people wishing to create a will under rule 524.2-501.

    If a doctor cannot opine on the mental capacity of a person because capacity is lacking, very likely the sound mind standard I keep referencing is insufficient.  Not always, but the process will be difficult.

    On the other hand, a moment of clarity or a moment supporting a sound mind is all that is required.  The trick is knowing about or finding this moment.

    Epilepsy Estate Plans – Mental Capacity

    I believe one of the better approaches to meet  a mental threshold is asking a  doctor to offer their  written opinion. Without question, the doctor’s written medical opinion should be included as a condition of the will and including the doctor’s signature as support for validation.  Why?  To reduce the risk of a challenge.

    Epilepsy Estate Issues – More Thoughts

    We as human beings are doing the best we can to manage difficult scenarios.  If we catch medical issues, this can help us plan accordingly.  When we are surprised on a Tuesday afternoon, Minnesota supports a process for self-proved wills.

    As you might guess,  I am a huge proponent of planning.  But, planning isn’t always possible.  If everything seems to be falling apart at the same time,  personally, I turn my  attention towards acts of unconditional love and faith.

    I wish you the very best.

  • End Power of Attorney By Screaming?

    To end power of attorney (“POA”), the process is not about screaming. Instead, there is a specific process for revoking this type of estate planning document.

    The person who creates a POA on their behalf is called the Principal. Ideally, the Principal didn’t formulate this type of estate document and distribute the document as if it was a baseball card.

    Luckily, there is a process for ending this type of agreement.

    Powers to Revoke a POA

    One way to revoke a durable power of attorney is to utilize the revocation form distributed by the Attorney General’s Office. As we can see under Minn. Stat. 523.11, Minnesota has lots of conditions and requirements for terminating or “end power of attorney” between the principal and and attorney-in-fact.

    When the Principal is incapacitated, the conservator or guardian of the principal has the same power the principal would have to revoke, suspend, or terminate all or any part of the authority granted.

    Other Reasons to End Power of Attorney

    Of course, there are many reasons that a person might desire to end or terminate their power of attorney document. This includes but is not limited to:

    • Changes to the Principal’s financials
    • Changes in health,
    • IRS and Audit Concerns related to a Gift,
    • Births or Adoptions,
    • Injuries, health problems, or deaths to any attorney-in-fact,
    • Marital changes, the death of a spouse, or divorce,
    • Fallout with friends or family,
    • International travel,
    • A change in your thought and beliefs towards organ donation,
    • A revision to other estate planning powers managed by a Trustee or Fiduciary,
    • A change in feelings towards Agents, Beneficiaries, Guardians, Trustees, and Personal Representatives,
    • Moving or residing in a different state, and
    • A change in State or Federal law.

    So, as you explore the process for terminating powers and authorities granted within a durable power of attorney document, consider the revocation process defined under Minnesota law.

  • There is a Healthcare Directive Emergency in my Glove Box

    A healthcare directive emergency doesn’t give us a warning.  It just happens.  For this reason, many of my Clients are keeping a copy of their healthcare directive inside their glove box.

    Healthcare Directive Emergency – My Glove Box

    Taking 30 minutes to look through an estate plan (which might include hundreds of pages) makes no sense when time is of the essence.

    If I get into a car accident and the police are looking for documents specific to my car, they will find my healthcare directive.

    Hurt at home and my spouse or friend rushes me to the hospital, I can say “look in my glove box”.

    Even better, if I use my car to rush my spouse to the emergency room, we are ready.

    Healthcare Directive Emergency – Keep it Hidden

    Under no circumstances do I want to make it difficult to find my healthcare directive.  When a healthcare directive emergency happens, I need my family to find it ASAP.

    Earlier in my practice, some of the healthcare directives I used included social security numbers.  As we all know, our doctors use our social security number to keep track of us.  Back in the day, I was fearful that my important health history would be difficult to find.

    Speed ahead ten years and it appears our doctors have updated systems making this less of a fear.  I agree, most healthcare directives include very personal information about our wishes, doctors, family members and health conditions.

    Again though, hiding our document when we need it the most doesn’t seem helpful either.  Also, when was the last time your car was broken into?  The crime rate for motor vehicle theft in 2015 represented 142 per 100,000 population.

    Like you, I dislike the idea of a bad guy having my healthcare directive.  On the other hand, I dislike leaving my family stuck in a time of need even more.

    Healthcare Directive Emergency Alternatives

    When I represent a person needing a healthcare directive, I always encourage them to give a copy to their doctor(s) and dentist(s).

    Now, we can keep copies of our important documents on our phone too!  Even though I like this idea, the likelihood of my family accessing my phone in an emergency is unlikely.  Even more so, the likelihood of them remembering or recalling the password on my phone is even less.

    Again, keeping a document in an accessible folder makes sense.  When I have a Client who commutes a long distance or is fearful of not being prepared for the worst, I encourage them to keep a healthcare directive inside their glove box too.

  • Never Create a Joint Account with your Children

    A joint account with children is not a recommended estate planning tool.

    Many times, older adults believe adding one of their children to their checking account is a good strategy.  Even though you love and trust your adult children with all your might, avoid the temptation of making a joint account with children.

    The preferred method versus a joint account with children

    The preferred method to accomplish these goals is using a document called a power of attorney.  The rules that govern a power of attorney are found in Minnesota Chapter 523.  Also, Minnesota’s form for a short form Power of Attorney can be found here.

    Generally, an older adult wants to change their checking account to a joint account with children because:

    Using a document that grants an adult child power of attorney allows them pay your bills, buy things on your behalf, and send out birthday or Christmas gifts.

    Yes, a power of attorney can authorize your adult children to accomplish these goals even if you become incapacitated or are unable to communicate on your own behalf.

    Reasons a joint account with children is bad

    There are two main reasons why a joint account with children is bad:

    • Debt collectors wanting money from your children can garnish your account and
    • Your adult children can be overwhelmed with poor judgment.

    It is my experience folks who create a joint account with children put them in a difficult position of managing your money when you do not necessarily need or want help.

    Also, for people who have more than one child and make only one of their children a joint owner, the left out child can feel slighted.  Other times, the left out child will view scrutinize transactions and claim fraud.

    For these reasons, avoid creating a stressful environment by not making a joint account with children.

    Help before creating a Joint Account with Children

    Before making a a joint account with children, please contact me for help outlining other options for you consider.

  • Caring For Your Dog by using a Veterans Power of Attorney Form

    A Veterans power of attorney form can help another person take care of your dog.  More importantly, the VA form for a POA can help families take care of their Veteran.

    Like you, I am a veteran.  Deep down inside, I believe all of us are afraid of VA hospitals and nursing home facilities in some capacity.  Wouldn’t it be nice if a Veteran’s family could make decisions and stand-up in a time of need?

    The process of granting a person within a family or a person outside a family the ability to care for a Veteran, their dog, or manage their affairs is as easy as adding the Veterans Power of Attorney form to an estate plan.

    Dangers of using a Veterans Power of Attorney Form

    Absolutely, the process of using a VA POA or Living will can be a dangerous proposition too.  In my experience, here are four (4) major dangers for Veterans using a Power of Attorney Form:

    1. Granting power to a person they cannot trust,
    2. The form contradicts another form in an estate plan,
    3. Not having a form or document that helps the Veteran in a specific situation needing attention, and
    4. Failing to fill out the form correctly.

    Preventing problems

    Here is how Veterans can prevent problems:

    • Identify a list of people they can trust,
    • Think through what or when the Veteran needs their help,
    • Ask if the Veteran might require medical attention outside the Veterans medical system, and
    • Will the Veteran’s wishes be impacted if another estate planning document contradicts their intentions?

    What can a Veterans Power of Attorney Form do for me?

    The most powerful form on the planet is likely granting another person power of attorney.  In other words, granting another person a power of attorney might allow them to literally do anything and everything without the other person’s consent.

    On the other hand, the form used by the VA does a “good job” of identifying this risk.  Perhaps more helpful is the fact the VA Form does more than granting a Power of Attorney.

    Yes, additionally, the form used by the VA can grant another person power to make healthcare decisions too.  This person is called a Health Care Agent

    Do Veterans need a Power of Attorney or Health Care Agent?

    Believe it or not, a spouse in Minnesota likely cannot act behalf of their Veteran if the Veteran fails to formalize a document granting their spouse power.  Absolutely, having a power of attorney or health care agent is a personal decision.

    However, many families are surprised to find out their abilities to help a Veteran are limited if certain documents are not included in an estate plan.

    In my practice, I prefer working with Veterans by helping them identify risk, alleviate fear, and have a formal estate document in place while trying to account for as many scenarios as possible.  For example, does the Veteran anticipate traveling abroad, traveling domestically or needing care at a Minnesota Veteran’s Nursing Home?

    Again, each process for each Veteran is going to be different because every Veteran has different wishes.

    Where can you find a Veterans Power of Attorney form?

    Yes, every Vet has the ability to download and print the VA’s form.  The form is number 10-0137 and it can be accessed here.  On the other hand, not every Veteran or family should use this form and I encourage Veterans to ask why.

  • You Will Never Look at End of Life the Same Way Again [video]

    Working with people and families to draft and manage an end of life estate plan can be scary.  My job is to make it less scary.

    Mainly, this is easier when people and families set aside time to think through their options when they have time versus compelled to make a life decision when they have less than minutes.

    In my experience, having a discussion of this nature with friends, family and clients can sometimes be the first time a person sets aside time.

    End of Life Video

    In my opinion, none of us have enough time.

    To help you outline a game plan, please consider this end of life videos as an introduction to your process,  your plan and the time you need to before putting pen to paper: