In addition to the Durable Power of Attorney every person needs to have an Advance Health Care directive in place. When a person needs medical care and they cannot communicate with a doctor they need someone to speak for them. Although it would seem like the choice is clear who should be making the decisions over medical care when there is a married couple, things such as over bearing in-laws and children from blended families can quickly muddy the waters on who should be making the clients medical decisions.
In the absence of an Advance Health Care directive, a conservatorship may be the only alternative to settle a dispute as to who should be making the medical decisions of the client. Once again, the court will be making the choice as opposed to the client. Moreover, people who are not married are at a higher degree of risk of needing a conservatorship in the absence of an Advance Health Care Directive.
Therefore, just as a Durable Power of Attorney is critical, an Advance Health Care Directive has the same importance and our firm will make sure the person you want to make your medical decisions is empowered to do so without any court intervention.
