What Are Durable Powers of Attorney and Why Are They Important?
A Durable Power of Attorney for Financial Affairs allows you to name someone—your “Attorney-in-Fact”—to handle your financial, property, and legal matters if you become incapacitated or simply choose not to manage them yourself. Unlike older powers of attorney, a durable one remains effective even after you become incapacitated.
Many people use a Springing Power of Attorney, which activates only when you are no longer able to act for yourself. Whichever option you choose, it’s essential that your Attorney-in-Fact be trustworthy, detail-oriented, and financially competent. In some cases, a corporate fiduciary may be the best choice.
Caution: Generic, fill-in-the-blank power of attorney forms can create problems. They may grant overly broad authority, like the ability to change beneficiaries or create trusts that go against your estate plan. That’s why we tailor every document to your exact wishes and ensure your agent understands their responsibilities—including record keeping, cooperation with your health care agent, and preserving your estate plan.
Who Should You Choose to Make Health Care Decisions for You?
Your Health Care Power of Attorney designates someone to speak and advocate for you when you can’t make medical decisions. This document helps avoid conflict among family members and gives clarity to doctors and health care teams, especially during emotionally charged situations.
We help you consider important questions, like:
- What kinds of treatment do you want—or not want—under certain medical conditions?
- Does your health care agent share your values or religious beliefs?
- Are they geographically close enough to act quickly in a crisis?
We encourage open conversations between you and your designated agent so they understand your preferences and feel confident in their role. To prevent delays or disputes, it’s best to name only one agent at a time, with an alternate as backup.
What Is a HIPAA Release and Why Do You Need a Universal One?
Under federal law, your protected health information cannot be shared—even with close family—without your written consent. A universal HIPAA Release gives the people you trust access to your medical records and permission to speak with doctors and insurance companies on your behalf.
Most HIPAA forms you sign at a doctor’s office only apply to that specific provider. If you’re transferred or referred, your loved ones could be left in the dark. A universal HIPAA Release ensures that no matter where you are—at home, in another state, or even in a different hospital—your authorized contacts can stay informed and help coordinate your care.
What Is a Living Will and How Is It Different from a Health Care Power of Attorney?
An Advance Directive, commonly called a Living Will, outlines your wishes for medical care in situations where you:
- Cannot communicate or make decisions
- Are in a persistent vegetative state
- Have an incurable and irreversible condition with death imminent
Your Living Will gives direction on whether life-sustaining treatments—like ventilators or feeding tubes—should be started, continued, or stopped. This doesn’t mean refusing comfort care or pain relief. Instead, it gives you control over the kind of care you receive at the end of life.
We guide you through your options and ensure your beliefs are clearly documented and respected. The goal is peace of mind—for you and your loved ones—knowing your wishes are legally protected and medically clear.
What’s the Best Way to Prepare These Documents in Nebraska?
Each of these documents—Durable Power of Attorney, Health Care Power of Attorney, HIPAA Release, and Living Will—plays a crucial role in your personal planning. In Nebraska, they must follow specific legal standards to be enforceable and effective.
We don’t believe in one-size-fits-all forms. Instead, we help you:
- Understand the purpose of each document
- Select the right people for each role
- Express your wishes clearly and legally
- Avoid unintended consequences
- Ensure your plan works together seamlessly
Talk to the attorneys at GWMC about your planning questions. Call us at (402) 392-1500 today.
