In a Blink of an Eye

            For Health Care Powers of Attorney or Health Care Directives prepared as part of a comprehensive Estate Plan, I make the Power of Attorney effective immediately.  Of course, at times, there may be compelling or unique reasons to avoid doing so.  However, the powers you grant to your Health Care Agent should be effective immediately and not wait for an incapacity determination by medical professionals.

            The reason for this structure is simple.  Any delay in securing a determination of incapacity to trigger this Power of Attorney may be the difference between life and death.  Unanticipated circumstances may leave no time for physicians to determine whether the person who granted the powers possesses capacity to act and the ability to communicate.

            Many clients, however, remain reluctant to grant such vital powers to another without some protections.  Accordingly, we build in a safety net feature to prevent the Health Care Agent from acting prematurely.  We use the “Blinking Eye” limitation.  So long as the Grantor, who gave the health care decisions and powers to a third party, can communicate, then the Grantor retains control over all medical decisions for himself or herself.  The form of communication may be as rudimentary as blinking eyes or squeezing hands in response to yes and no questions.  As soon as the ability to communicate ceases, the Health Care Agent can act.

This approach provides peace of mind to the client granting these broad powers to another.  In this fashion, the Grantor remains in charge while the Health Care Agent may act without delay as soon as called upon.  To maintain control over your own medical decisions and provide for immediate support through action by your Health Care Agent, reach out for Estate Planning Attorney Michael Geiger at (901) 219-5549 or at michael@geigerattorney.com.