Estate planning, probate, and guardianship law are all areas of law where interaction with physicians and other healthcare experts is crucial. Let’s take a look at each.
Estate Planning and Healthcare Documents
Standard estate planning includes documents that instruct healthcare professionals about your wishes. These documents are a directive to physicians, a healthcare power of attorney, and a HIPAA release.
Directive to Physicians
A directive to physicians is your instruction as to what you want done, or not done, if you have a terminal illness or irreversible condition.
Healthcare Power of Attorney
A healthcare power of attorney is your appointment of an agent to make medical decisions for you if you are unable to make your own.
HIPAA Release
A HIPAA release is your authorization for your healthcare professional to give certain people access to your healthcare information.
Areas of Law That Healthcare Influences
Probate
Probate is a court action to determine how your estate will be handled after you die. If you left a will, then the Court will need to decide if your will was valid. One legal requirement for a will to be valid is that you had “testamentary capacity,” which means:
- You had the mental ability to understand you were making a will
- You knew the effect of making a will
- You knew the nature and extent of your estate
- Your next of kin and natural objects of your bounty
- You had sufficient memory to collect in your mind these elements and form a reasonable judgment
If your testamentary capacity is disputed, then your medical history and the expert opinion of health care experts will be crucial.
Guardianship
Guardianship is a court action that determines if you are incapacitated and requires the appointment of a guardian. During this court proceeding, the Court must determine if you are incapacitated. Whether the incapacity is mental or physical, a certificate of medical examination prepared by a physician is required. In contested guardianship cases the testimony of an expert physician will frequently be necessary.
Hammerle Finley is Here to Help With Estate Planning
This is just a brief introduction to the interaction between Law and Healthcare. Be sure to discuss your concerns with your legal and medical professionals. If you need expert advice and guidance on estate planning, the experts at Hammerle Finley Law Firm are here to help. Contact our team today to schedule a consultation.
Attorney Morris is an attorney at Hammerle Finley Law Firm, a boutique law firm offering services in estate planning, probate, guardianship, business law, litigation, and real estate. Contact him at (972) 436-9300 and hammerle.com
This article does not constitute legal advice.
