Part of our practice at The Jayson Law Group LLC includes elder care legal elements, including drafting a power of attorney or a living will. The Union, NJ elder care attorneys at The Jayson Law Group LLC are providing this information in hopes that readers can make more informed decisions about their future health care.

Firstly, it is important to note that a living will and a power of attorney are only valid if they are pertaining to an individual at least 18 years or older and who can understand what the documents are about. Additionally, health care documents are effective if your doctor determines that you lack the capacity to make your own health care decisions, meaning that:

•  You cannot understand the nature or consequences, nor communicate your wishes (orally, in writing, or through gestures) regarding the health care options available to you.

These documents are in effect until:

•  You officially revoke your document
• A court invalidates your document: this can occur if someone questions the validity of your health care directives.
• A court revokes your agent’s authority: this can occur if someone believes your health care agent is not acting on behalf of your best interests.
• You get a divorce: while a divorce has no effect on your written directions for health care, it can revoke the right of your spouse to act as your health care agent.

Power of Attorney

Usually called “health care proxy” or “attorney-in-fact for health care,” a power of attorney legally appoints someone you trust to be your health care agent in the event that you lack the capacity to make your own health care decisions. Your health care agent will make any necessary health care decisions for you and make sure that health care providers are giving the type of care you wish to receive.  When drafting a power of attorney you can expand or limit the powers you grant to your satisfaction.

Living Will

A living will dictates the type of care you do or do not want if you become incapacitated. Unlike a conventional will or living trust, this document is only to lay down your health care preferences. There is no limit to what you can and cannot say about your health care directives in a living will.

If you are in need of an attorney to assist you with any of these documents, please email or call us today at (908) 258-0621 to speak to our elder care lawyers.