Healthcare Power of Attorney (HCPA)

serving clients in Henderson, Las Vegas and Clark County, NV

While a Healthcare Power of Attorney (HCPA) is not a mandatory part of estate planning, it is highly recommended because it ensures that your medical preferences are honored if you become unable to communicate them yourself.

Creating an HCPA often requires you to confront tough decisions about your medical care preferences, potential end-of-life scenarios, and who you trust to act as your healthcare agent to make these critical decisions on your behalf.

Smith Legal Group will work closely with you throughout the process of drafting a Healthcare Power of Attorney document. We will guide you through common scenarios and help facilitate open discussions about selecting your healthcare agent, specifying medical preferences, and contemplating unforeseen circumstances.

While this process may seem overwhelming and should not be taken lightly, you will have peace of mind once everything is settled and legally documented in the state of Nevada.

Call (702) 410-5001 for a free consultation to start adding a Healthcare Power of Attorney to your estate plan.

Healthcare Questions to Ask Yourself if You Become Incapacitated

Have you ever considered what would happen if you had an accident or illness that left you unable to make your own healthcare decisions? Most people don’t think about this, but drafting a Healthcare Power of Attorney (HCPA) requires you to address it.

While an HCPA can be updated or revoked as circumstances change, it’s important to start by making decisions about the healthcare preferences you want your agent to honor.

Here are a few healthcare questions our estate planning lawyers will ask you when drafting your Healthcare Power of Attorney document:

  • Under what conditions should a Do Not Resuscitate (DNR) order apply? Clearly define when a DNR should be enforced, such as in the case of a terminal illness or severe injury, but not in situations where recovery is possible.
  • What are your preferences for life-sustaining treatments? Specify your wishes regarding treatments like mechanical ventilation, feeding tubes, or dialysis if you are in a terminal condition or persistent vegetative state.
  • What are your wishes for end-of-life care? Describe your preferences for end-of-life care, including options like hospice or palliative care, and how you want to manage pain and comfort.

We understand that you might not have immediate answers to these questions. You may need to consider factors such as the implications of having a terminal illness, quality of life if you are suffering with no chance of recovery, and your age or overall health when deciding about resuscitation.

At Smith Legal Group, we’ll give you all the time you need to consider your decisions about your healthcare wishes, either on your own or with others. We believe such important choices should never be rushed.

Critics of Healthcare Power of Attorney: Consider the Consequences

As we’ve discussed, a Healthcare Power of Attorney (HCPA) is a legal document that lets you appoint someone you trust to make healthcare decisions on your behalf. They are not your healthcare provider but will ensure your wishes for treatment are honored.

If you’re skeptical about getting an HCPA and don’t see the need for one, consider this: our lawyers often highlight real-life cases where not having an HCPA led to negative consequences for both the individual and their loved ones. These common scenarios can illustrate the impact and importance of having a clear plan in place.

  • What if medical decisions need to be made in a unexpected emergency? Let’s assume you suffer a stroke and suddenly can’t communicate. Without an HCPA, your family might make choices that don’t reflect your true wishes. This can lead to conflict and uncertainty among family members and between your family and healthcare professionals.
  • What if life-sustaining medical intervention is required? Let’s assume you have a progressive and incurable illness and suddenly fall into a coma. Without an HCPA, you might face extended suffering and a lower quality of life. Additionally, this situation could place a financial burden on your family, adding to their stress and hardship.
  • What if a medical decision is delayed by legal issues? Let’s assume you are injured in a car accident and incapacitated. Without an HCPA, your family might have to go through legal processes to make medical decisions for you. This can cause delays, increase legal costs, and result in your medical wishes not being followed.

If, after considering these scenarios, you’re still comfortable with the potential negative consequences, then a Healthcare Power of Attorney might not be necessary for you. However, if you’re like most people, you wouldn’t want to create a chain reaction of problems for your loved ones by not including an HCPA in your estate plan.

How To Get a Healthcare Power of Attorney in Nevada

Smith Legal Group recommends hiring one of our estate planning attorneys to create your Healthcare Power of Attorney document. This ensures that it is legally valid, error-free, personalized to your needs, and compliant with Nevada-specific requirements.

Beware of purchasing Healthcare Power of Attorney documents online. These are often based on generic templates that can lead to misinterpretations or conflicts. Additionally, they may be difficult to update or revoke if your circumstances change.

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Smith Legal Group can help you create a Healthcare Power of Attorney document in your estate plan to ensure your healthcare wishes are honored.

To prevent interference by family members, healthcare providers, or legal authorities, we make sure your HCPA is clear, comprehensive, and legally binding under Nevada law.

If your circumstances change, we are available to update your HCPA. Typical minor changes include:

  • Updating the healthcare agent.
  • Modifying medical preferences.
  • Revising end-of-life care instructions.
  • Adjusting Do Not Resuscitate (DNR) preferences.
  • Changing or adding alternate agents.
  • Clarifying ambiguous terms.

Complete our submission form below or call us at (702) 410-5001 for a free consultation if want to add a Healthcare Power of Attorney to your estate plan.

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