FAQ Friday: Health care directives
On Friday, December 16th, Mr. Berger describes FAQs on Advance Healthcare Directives and Living Wills.
The first question has to do with section 104 which states how an agent can act when when the client is unable. This is determined by the doctors treating you. Section 201 discusses the authority your agent holds which can determine a MOLST which will go right into your medical file that cover details such as whether or not you can be resuscitated.
Can you get a declaratory judgement? Hopefully this never comes up and the doctors should be following your directives. However, your agent can go to Court and enforce the documents with a Court order.
If the person who is giving the health care directives, regains capacity there are a lot of protections in the law to allow them to regain control over their decisions and revoke the powers from the agent.
Your healthcare agent cannot be your witness to these documents. However, a separate beneficiary could be one of the witnesses.
The HIPAA refers to the Maryland act because it includes definitions of incapacity.
Submit your question
Bring your questions about estate planning and administration to our weekly Facebook Live with Mr. Berger on Fridays at 11am EST. Leave your email if you’d like to receive a notification of our response.