Cecil Harvell from Harvell and Collins discussed the importance of three key medical documents: the health care power of attorney, the HIPAA release, and the declaration of desire for natural death (living will). He emphasized that these documents are essential for ensuring that individuals can make medical decisions on behalf of loved ones and access medical records, especially for young adults who have reached the age of majority. The conversation highlighted the need for proper documentation to avoid legal complications in medical emergencies.

Medical Documents Prepared by Lawyers

• Lawyers prepare three key medical documents:

  1. Health Care Power of Attorney

  2. Declaration of Desire for Natural Death (Living Will)

  3. HIPAA Release (Health Information Privacy Protection Act) [01:00]

Health Care Power of Attorney

• This document grants authority to an agent (often a family member) to make healthcare decisions on behalf of the principal when they are unable to do so. [02:00]

• It is effective only when the principal cannot communicate with medical staff due to an acute medical situation. [03:00]

• The document remains in effect until revoked or replaced by a new appointment. [06:00]

• The importance of having this document is emphasized, especially in emergencies where the principal cannot make decisions. [04:00]

HIPAA Release

• The HIPAA release allows medical providers to share the principal's medical records with designated individuals. [07:00]

• It is crucial for situations where the principal is treated at facilities where they have not signed a release, such as during travel or unexpected emergencies. [08:00]

• Without this document, family members may be denied access to medical records, regardless of their relationship to the principal. [09:00]

Importance for Young Adults

• Parents should consider obtaining these documents for their children who are now adults (18 years and older), especially those attending college. [10:00]

• Without these documents, parents may face legal challenges in making medical decisions for their adult children in emergencies. [11:00]

Declaration of Desire for Natural Death

• This document is not a Do Not Resuscitate (DNR) order but specifies conditions under which life-sustaining treatments can be withdrawn if the individual is in a persistent vegetative state. [12:00]

• It requires specific medical determinations and is distinct from DNRs, which are physician orders based on patient consent. [13:00]

• The document does not cover assisted suicide, which is a separate legal matter not currently recognized in North Carolina. [14:00]

Powers of Attorney

• Clients can appoint different individuals for financial and healthcare powers of attorney based on their strengths and expertise. [15:00]

• It is advisable to have alternates for each appointed individual to ensure decisions can still be made if the primary agent is unavailable. [16:00]