• Skip to primary navigation
  • Skip to main content

Krueger Hernandez & Thompson SCEstate

Attorneys at Law

  • Home
  • Our Firm
    • About Our Firm
    • About The American Academy
    • Attorney and Staff Profiles
    • Communities We Serve
      • Adams County
      • Columbia County
      • Dane County
      • Madison/Middleton Area
      • Sauk County
  • Estate Planning
    • Asset Protection & Business Planning
    • ESTATE AND GIFT TAX FIGURES
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Practice Areas
    • Business Needs
    • Divorce / Family Matters
    • Injuries and Adverse Reactions To Vaccines
    • Real Estate
  • Resources
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Frequently Asked Questions
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Trust Administration & Probate Frequently Asked Questions
    • LGBTQ Resources
    • Pre Consultation Form
    • Special Needs Resources
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
      • When a Loved One Passes Away With a Trust
      • When a Loved One Passes Away With a Will
  • Testimonials
    • Review us
    • Our Testimonials
  • Webinars
    • Legacy Wealth Planning
    • Medicaid Planning
  • Blog
  • Contact Us
  • Call Us Today (800) 431-9776
  • Attend Free Webinar
    • Medicaid Planning
    • Estate Planning
  • Show Search
Hide Search
Home / Estate Planning / The Importance of Health Care Documents

The Importance of Health Care Documents

Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC · Jun 3, 2011 ·

All too often, clients come to my office with nothing more than a simple Will in place and a mistaken belief that this constitutes a sufficient estate plan. While a Will can designate who will serve as the personal representative (also known as the executor) of your estate, how your assets will ultimately be distributed, and your preference for guardians of any minor children, it is essential to understand that a Will is nothing more than a death document. In other words, your Will has no effect until your death.

The harsh reality is that, regardless of age, we are all one car accident away from mental incapacity. While financial issues are certainly important and should be addressed as part of your overall estate plan, many people simply assume that their loved ones would automatically be authorized to make health care decisions for them in the event of mental incapacity. However, this is not an accurate assumption. Without proper planning, your loved ones – even your spouse – would be required to initiate a guardianship proceeding (also known as living probate) in order to obtain the legal authority necessary to make health decisions for you. For a more detailed explanation of Living Probate, see Michelle’s blog from April 28, 2011.

If you wish to avoid the possibility of living probate for health care matters in the event you became mentally incapacitated, you must execute a Power of Attorney for Health Care as part of your estate plan. Through this essential document, YOU can designate who is authorized to make health care decisions for you. While it is possible to designate co-agents for financial decisions, you should only designate one health care agent at a time. Imagine the difficulties doctors might encounter when faced with siblings arguing over decisions such as whether or not life support should be removed! Most people name a primary health care agent, and then at least one backup in case the primary agent is unable to make decisions for some reason.

In addition to a Power of Attorney for Health Care, your estate plan should include a Living Will. Not to be confused with a Last Will or a Living Trust, a Living Will (also known as a Declaration to Physicians) tells your doctor whether or not you would prefer to be kept alive artificially under certain circumstances. Finally, the health care portion of your estate plan should include a HIPAA form authorizing your agent to access your medical records when needed. Without an effective HIPAA form in place, even your spouse may be hard-pressed to obtain your medical records. How can one serve as a health care agent if he or she can’t see your medical records? This could potentially create quite a dilemma.

Terri Schiavo’s case provides a glaring illustration of how important health care documents can be. Terri’s unexpected incapacity at the age of 26, followed by prolonged life support, resulted a legal battle between Terri’s parents and her husband that lasted seven years. If Terri had executed health care documents prior to her accident, her entire battle could have been avoided.

  • Author
  • Recent Posts
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
As the owner of Krueger Hernandez & Thompson SC, it is Stephanie’s mission to address each client’s goals for their estate plan. By identifying their wishes and concerns she can educate, guide, and counsel on the different tools and options that will effectively and efficiently accomplish those goals.
Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC
Latest posts by Stephanie Thompson, Estate Planning Attorney of Krueger Hernandez & Thompson SC (see all)
  • The Questions of Estate Planning, Part 6: Why - January 6, 2020
  • The Questions of Estate Planning, Part 5: How - January 2, 2020
  • The Questions of Estate Planning, Part 4: Where - December 30, 2019

Estate Planning

Blog subscription

MIDDLETON

8215 Greenway Blvd, Ste. 590
Middleton, WI 53562
United States (US)
Phone: (608) 824-9540
Fax: (608) 824-9140

BARABOO

120 Third Street, Unit A
Baraboo, WI 53913
United States (US)
Phone: (608) 356-3961
Fax: 608-824-9140

By Appointment Only
All Mail Should be Directed to the Middleton Address

Opening hours

Monday7:00 AM - 5:30 PM
Tuesday7:00 AM - 5:30 PM
Wednesday7:00 AM - 5:30 PM
Thursday7:00 AM - 5:30 PM

Map

map for Krueger Hernandez & Thompson SC Estate ofice

Se Habla Español
Nous Parlons Français

  • Facebook
  • LinkedIn
  • Twitter

© 2021 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us