Because of the new HIPPA privacy act, just about everyone needs an amendment to their trust and new health care document and asset power of attorney. Don’t get stuck on life support!
The new law is called the “Health Insurance Portability and Accountability Act” or “HIPAA” for short. The problem is the new law does not allow your loved ones to get your medical information if you are incapacitated. To review, you have four documents: 1) your living trust (for assets titled in the trust), 2) your will (for assets accidentally not titled in the trust), 3) your health care document (for medical decisions), and 4) your power of attorney (for other important decisions). First, we need to amend your living trust so your “successor trustee” can get medical information to show that you are incapacitated. Second, we need to prepare a new health care document so your “health care agent” can get medical information to make the right decision if you are incapacitated. Third, we need to prepare a new Durable Power of Attorney for Assets so your “attorney in fact” can get medical information to show that you are incapacitated.
We have seen terrible errors when people do their own amendments. Don’t cross anything out on your paperwork or write anything in. It has to be done in a separate document. Changing something in one document can have ramifications on other parts of the legal documents. Let us help you!