It is uncomfortable to contemplate a time when you may be unable to make decisions for yourself, due to unconsciousness or incapacity, but such a situation is precisely when critical healthcare decisions must be made. A Durable Power of Attorney for Healthcare and Living Will Declaration (“Durable POA” for short) can be prepared in advance to appoint an agent to make healthcare decisions when you are unable to do so. Within these documents, you can also specify your healthcare preferences for treatments including life-support, artificial nutrition and hydration, administration of pain control medication, and organ donation.

A Durable POA is recommended for anyone over the age of 18. A properly prepared Durable POA can ensure that:

• your healthcare and end-of-life decisions are clearly expressed
• a specific person is appointed to make healthcare decisions on your behalf
• your loved ones are not left wondering who should make these decisions and what you might want for yourself.

In such an emotional and difficult time, having a Durable POA in place can provide some peace of mind for your friends and family.

Your inability to make healthcare decisions for yourself can often lead to disagreement among your loved ones. If a Durable POA is not in place, the only recourse for disagreeing parties is to go to court and have a judge decide. This is an expensive and time-consuming process. It also means that an unknown judge makes a critical decision regarding your future and care.

Wescott Law’s estate planning attorneys can help you prepare the appropriate documents to grant your loved ones some peace of mind in a difficult situation and to ensure that your wishes are carried out. Online resources and healthcare providers may offer template forms; but, these forms frequently fail to comply with New Hampshire laws and cannot be customized to include your healthcare preferences. Attorneys Rod Dyer, Ed Hibbard, and Sarah Rubury. can help ensure that your Durable POA is legally valid and tailored to you.