Healthcare powers of attorney can vary significantly depending on the individual. There are many categories of authorities that can be granted, denied or left out of the document. Here are a few examples and reasons why you might want to consider them.
Living Will
The living will is not exactly a “power” granted to your agent. It is a declaration of your wishes that your agent can advocate for. The living will is often, but not always, a separate document from the healthcare power of attorney. Having living will provisions in your healthcare power of attorney helps reduce the number of documents you need to keep track of in an emergency. The living will details specific preferences for care you would like to receive if you were unable to communicate your preferences. Typically, it focuses on preferences if you are near the end of your life, have a terminal condition or are in a coma or vegetative state. You can decide if you would want CPR, a feeding tube, a ventilator, etc. Generally, everyone should have a living will.
Mental Health Authority
Mental health authority can give your healthcare power of attorney the ability to admit you to an inpatient or outpatient behavioral health facility. This makes a lot of people anxious. They do not like the idea of someone having the power to place them in a locked facility. However, we typically recommend giving your agent this power. Your agent will not be able to admit you without a physician’s recommendation that you be placed in a behavioral health facility. If you are suffering from dementia and need to be admitted for your own safety, your agent will have to pursue an emergency guardianship without this power. Having to submit a petition to the court will result in a delay in your ability to receive care and create more work for your agent.
Organ Donation
Your healthcare power of attorney can describe your wishes regarding organ donation. You can consent to organ donation for transplant, research or whole-body donation to a medical school. You will want to make sure your driver’s license matches your wishes in your health care power of attorney. If you want your organs donated for a specific purpose, such as whole-body donation, you will want to research programs and consider signing up during your lifetime. Then your healthcare power of attorney can reference plans you previously arranged.
Cremation or Burial
Cremation or burial provisions are not required in a healthcare power of attorney. If you do not have strong feelings either way, you may choose to exclude this provision. If you have prepaid for cremation or burial during your lifetime, your healthcare power of attorney should reference these arrangements.
Visitation
A.R.S. § 36-3211 requires agents under a healthcare power of attorney in Arizona to encourage the principal’s contact with persons who have a significant relationship. However, the statute allows the principal to give their agent this specific authority in a healthcare directive. This can be a useful power to grant to your agent for a couple of reasons. Your agent can protect you from potential scammers who target vulnerable populations. Your agent can also protect your privacy from individuals who may claim to have a significant relationship to you. You should consider having a conversation with your agent about who should and should not be able to visit you.
Arizona Healthcare Directives Registry
The Arizona Healthcare Directives Registry allows you to register your healthcare power of attorney, and other healthcare directives, with the State of Arizona. This registration gives healthcare providers in Arizona access to your healthcare power of attorney. You must complete and notarize the registration agreement to sign up for the registry.
You should only give your agent powers that you feel comfortable giving them. But you should consider the potential consequences of not giving your agent certain powers.
