Protect Your Health with a Healthcare Power of Attorney and a Living Will

Name: ESTATE PLANNING – Avoid Probate and Take Control of Your Future
Start: 2026-06-27T05:00:00-04:00
End: 2026-06-27
Location: Nellie's Southern Kitchen

In life, the unexpected can happen, and when it does, having the right legal documents in place can make all the difference. In a recent episode of the Elder Law Report podcast with Jane Dearwester and Jordan McIntyre of McIntyre Elder Law, they discussed two critical healthcare documents: Healthcare Powers of Attorney and Living Wills. These documents provide essential safeguards for individuals of all ages, ensuring their wishes are respected and their loved ones are spared from making difficult decisions under stress.

Healthcare Powers of Attorney and Living Wills

Healthcare Powers of Attorney (HCPOA): This document allows you to appoint someone you trust—referred to as your agent—to make healthcare decisions on your behalf if you are unable to do so.

Living Will (or Advanced Directive): This document outlines your preferences for medical treatment in specific end-of-life scenarios, such as terminal illness, permanent vegetative state, or advanced dementia.

Both documents work together but serve distinct purposes, offering a comprehensive approach to managing your healthcare decisions.

Why You Need These Documents at Any Age

Contrary to popular belief, healthcare powers of attorney and living wills aren’t just for older adults or those with serious medical conditions. Jane emphasized that anyone over 18 should have these documents in place.

As Jordan shared, he faced a serious leg infection recently and realized the importance of having these documents ready. Emergencies can happen at any time, and without these legal protections, medical providers might struggle to navigate your care effectively.

Choosing the Right Agent for Your Healthcare Power of Attorney

One of the most crucial decisions when drafting an HCPOA is selecting your agent. This individual will make critical medical decisions on your behalf, so trust is paramount.

Trust Over Familiarity: Jordan humorously noted that while Jane, a professional colleague, might seem agreeable and competent, an agent should be someone with deep, long-term trust—like a family member or a lifelong friend.
Appoint a Backup: Jane recommends appointing a secondary agent in case your primary choice is unavailable or unwilling to serve.

Moreover, communication is key. Inform your chosen agent of their role and ensure they have a copy of the document. Surprises can lead to confusion or even resignation from the role, undermining the purpose of the HCPOA.

Living Wills: Having Your Say in Critical Moments

A living will ensures that your wishes are known in very specific circumstances, including:

Permanent vegetative state.
Terminal and incurable conditions.
Certain stages of advanced dementia.

This document allows you to express your preferences regarding artificial hydration, nutrition, and other life-sustaining measures. Jane explained that without a living will, loved ones or your HCPOA agent might struggle emotionally to make these decisions on your behalf.

Jordan highlighted that this document relieves your family and friends of an immense emotional burden by clearly stating your wishes in advance.

Making Informed Decisions

It’s essential to understand the medical implications of treatments like artificial nutrition and hydration. As Jane shared, medical professionals often emphasize discussing these details with your doctor to make well-informed decisions. This ensures that your living will reflects your true preferences and helps your loved ones honor them.

Peace of Mind for You and Your Family

Both Jane and Jordan noted the sense of relief clients feel after signing these documents. Having your healthcare powers of attorney and living will in place provides:

Clarity: Ensures your medical care aligns with your values.
Preparedness: Reduces the stress of unforeseen medical emergencies.
Harmony: Prevents potential family disputes over medical decisions.

Free Consultation Offer

If you’re over the age of 18 and don’t have these documents in place, now is the time to act. Jane and Jordan encourage everyone to schedule a consultation to create these essential legal protections. McIntyre Elder Law offers free consultations and services in Henderson, Shelby, and Charlotte.

If you’d like a free consultation, reach out to us at 1-888-999-6600 or visit mcelderlaw.com/scheduling to book a session online. Our firm is here to ensure you have the representation you deserve.