One of the most important legal steps that a couple can take is to set up health care directives. These can be executed whether the couple is married or unmarried. 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.

Health Care Power of Attorney - 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 patients relatives in making and communicating medical decisions to health care providers. Gay and lesbian partners who lack a close relationship with their partners 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 patients relatives.

As always, careful thought and consideration should be given to who you decide to designate to be your Health Care Agent. Make sure it is someone who is willing to carry out your wishes, even if it may mean making a difficult decision. This may be your partner, a family member, or trusted friend.

HIPAA Waiver - HIPAA stands for Health Insurance Portability and Accountability Act. It protects sensitive information about your health and prevents your information from being distributed freely. However, it can keep your doctor or health care professional from giving information to you your attorney-in-fact and hinder the affairs of your estate. A HIPAA waiver allows your doctor to communicate personal health information to a person appointed by you, so that the affairs of your estate can be handled properly. A HIPAA waiver must be completed by you before you are deemed incapacitated and unable to make such decisions.

Living Will - 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. Some people make it known that they do not wish to have their life prolonged if they are unable to communicate or if they are not displaying brain activity. This protects the family or the estate from spending money on expensive bills against a person's will.

The North Carolina estate planning attorneys of Brady Morton, PLLC have extensive experience in estate planning and helping individuals prepare their health care directives. If you have any concerns about setting up new directives or making changes in existing plans, please contact us today.