Couples, whether married or unmarried, typically need to execute health care directives. Health care directives can include a health care power of attorney, a HIPAA waiver, and a living will. Together, these documents can allow a person of your designation to make health care decisions on your behalf should you become unable to speak for yourself.

A Health Care Power of Attorney is a statutory form which designates another person, or persons, to be your Health Care Agent. Once properly executed, we suggest that this Health Care Power of Attorney, including a HIPAA waiver, be registered with the Secretary of State and that copies be given to your primary physician. The Health Care Agent is then empowered to speak on your behalf with those treating you, should you become hospitalized.

Naming a health care agent may be of importance to unmarried partners. Without a properly executed Health Care Power of Attorney, an unmarried, unrelated party stands in line behind the patient’s relatives in making and communicating medical decisions to health care providers. Gay and lesbian partners who lack a close relationship with their partner’s family may risk being cut out of any decision making process altogether. The Health Care Power of Attorney may assist in ensuring that the unmarried partner, if named as Agent, can visit the hospitalized patient, even if that is against the wishes of the patient’s relatives.

As always, careful thought and consideration should be given to who you decide to designate to be your Health Care Agent. This may be your partner, but it may also be a family member or trusted friend who you know would carry out your wishes if you are not able to communicate on your own.

A living will is another form which supplements the Health Care Power of Attorney. The living will, formally known as a Declaration of a Desire for a Natural Death, allows you to give written directions to your Health Care Agent about your wishes regarding life-prolonging treatment.

Contact Us:
Dan Brady - dbrady@bradynordgren.com, 919-782-3500
Tim Nordgren - tnordgren@bradynordgren.com, 919-782-3500
Daire Roebuck - daireroebuck@bradynordgren.com, 919-782-3500

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