Most people are unaware that the Living Will was written out of the Mississippi law effective July 1, 1998. Instead, we now have the Advance Health Care Directive, which substantially replaced the old Living Will and the Health Care Power of Attorney with one document, and with several improvements.
What does an Advance Health Care Directive do for you?
An Advance Health Care Directive allows you to designate the person or persons you want to make health care decisions for you when you cannot speak for yourself. This is also the document in which you make your wishes known concerning artificial, life prolonging machines at the time of your last illness prior to death. In addition, it contains your instructions for providing relief from pain and discomfort.
HIPAA—The Health Insurance Portability and Accountability Act
Federal regulations have been put in place to protect your medical privacy. Unfortunately, the result is that even your family can be prevented from learning about your medical condition unless you have HIPAA authority in writing. Language complying with the federal HIPAA requirements is included in the Directives we prepare. But in addition, we prepare an entirely separate HIPAA authorization just to make doubly sure your loved ones are not frustrated by being unable to have access to your medical information, or even to be able to talk with your doctors.
We regard this document as so very important that we include an Advance Health Care Directive with dual HIPAA provisions in all estate plans we prepare.
Contact our office when you decide whom you want to handle the details of your health care when you become unable to act for yourself.
