Don’t Talk to Me

            Having drafted countless Health Care Powers of Attorney (POAs) and reviewed dozens more from different states, a fairly common element exists among all POAs.  The POAs provide for specific instructions the Grantor may add to all other necessary provisions.  Rarely do Grantors take advantage of these opportunities to provide input important to them.  Opportunities lost.

It may be that Estate Planning Attorneys are overly cautious and do not want any additional terms or provisions which may contradict the fundamental health care directives.  It may be that these lawyers fail to take the time to cover these potential additional terms.  Consideration of these unique provisions may provide clients the peace of mind they so dearly seek in estate planning.

            One client requested whether we could address a specific concern in his POA.  He worried not that he may need the POA and he worried not whether his loved ones would follow his instructions regarding his care if he were incapacitated.  Rather, he worried that he might lie in a coma with no hope of recovery but still be able to hear his family and medical providers discussing his circumstances and medical options, even decisions which could decide his life or death.  This client did not want to be in a position listening to these critical discussions, but unable to communicate: “I’m still here!  I can hear you!  I was wrong!  Do NOT pull the plug!!”

            He directed that any discussions regarding his medical care and condition under the POA be undertaken outside of the room he occupied and sufficiently far away from his room so that he could not hear the discourse.  Notably, he still wanted his family to hold the POA powers and be able to make decisions, even if the decisions resulted in his demise.  He simply did not want to be cognizant of the situation.  We included those directives.

            Estate Planning clients should discuss all their concerns during the planning process of Estate Planning.  More critically, the Estate Planning Attorney should proactively guide the discussion to explore all such issues with you.  Estate Planning Attorney Michael Geiger at (901) 219-5549 or at michael@geigerattorney.com can assist with these concerns and all your planning needs.