Preparation over Panic: Dealing with COVID-19 (Coronavirus) from an Estate Planning Perspective

With the current spread of COVID-19 Virus (Coronavirus) throughout the United States, this seems like an appropriate time to share some planning steps you can take to ensure that your affairs are in order in case of a medical emergency.  This blog is not intended to incite panic or concern—rather, it is intended to give you some considerations to address before a medical emergency arises.  All of these tips are applicable to any major illness, and I hope you find them helpful.

1.    Planning for a Medical Emergency.  Who will make medical decisions for you if you are unable to communicate with your doctors? Who will have the ability to speak with doctors and other medical care providers about your past medical history and medical treatments? What are your beliefs when it comes to end of life decisions?

All of these questions may be addressed in your current estate planning documents.  Dust those documents off and look for these key documents: 

(I) Medical Power of Attorney: addresses who will make medical decisions for you if you are unable to communicate with your medical providers; 

(II) HIPAA Authorization: designates those individuals who should have access to your medical records and who should be able to speak to your medical providers about your medical treatments and procedures; and 

(III) Directive to Physicians (often referred to as a “Living Will”): addresses end of life decisions when death is imminent (for example, if you have a terminal or irreversible condition that will result in death without life sustaining equipment/treatments).  

Double-check that those people designated in your HIPAA Authorization and Medical Power of Attorney are still suitable to serve.  Also, review the Directive to Physicians to ensure you still agree with how end-of-life decisions should be handled.  

2.    Dealing with Children Away From Home.  Once your children reach adulthood, you no longer have the absolute right to communicate with their doctors or discuss their medical treatments.  You also may not have authority to make medical decisions for them if they become incapacitated.  You should consider having your children sign a Medical Power of Attorney and HIPAA Authorization, at a minimum, so that you can communicate with their doctors and other medical providers while away from home.  

3.    Send Medical Documents to Your Primary Care Physicians.  You should provide your Medical Power of Attorney, HIPAA Authorization, and Directive to Physicians to your Primary Care Physician and any other doctors or health care providers you see on a routine basis.  You can email or fax copies of these documents to them—originals do not need to be used.  Don’t want until an emergency to locate these documents.

4.    Maintaining Financial Stability.  If a medical issue leaves you incapacitated or otherwise incapable of handling financial transactions, you need to consider who you trust to handle financial decisions on your behalf.  Your Durable (Financial) Power of Attorney would address who may handle financial decisions for you.  Review this document to ensure that you are still comfortable with the persons named in the document handling your finances, and review the document to determine whether it becomes effective immediately (when signed) or only in the event of incapacity.  

If you don’t have these documents in place, there are many resources online to help.  I’m also happy to discuss any questions about these documents with you.  Please don’t hesitate to call—we as a community need to join together to help one another navigate these unchartered waters.