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What You Need to Know About an HCPOA

Tarantino Law, PLLC • September 4, 2020

Here at Tarantino Law, PLLC, we specialize in estate planning. This term refers to a collection of different but related issues, with one of the most important being an HCPOA, or health care power of attorney. Our team wants to help you make informed, logical decisions about these matters rather than leaving your loved ones to flounder in fear should you suffer a debilitating accident, so in this article we’ll be covering the key points you need to know about an HCPOA.

A pen is sitting on top of a living will.
  • An HCPOA only applies if you are no longer able to communicate your wishes. In our experience here at Tarantino Law, PLLC, some people are hesitant to draft an HCPOA document because they don’t want to give up their independence. If you share this fear, we are here to tell you that an HCPOA only has authority when you are unable to communicate your wishes–if you can still speak for yourself, your care providers will defer to your wishes. In addition, having this document in place allows you to retain independence, as it legally ensures that your expressed wishes will be carried out.
  • You can make revisions. Part of the reason why some worry that an HCPOA will take away their independence is that they feel like they won’t be able to change their minds later. However, this is not the case, and you can always revise your paperwork as long as you can still make decisions for yourself.
  • HCPOA regulations can vary from state to state. Lastly, we at Tarantino Law, PLLC want you to know that different states can have different standards and regulations when it comes to HCPOA documents. If you completed an HCPOA document in one state but now reside in another, we encourage you to come see our team to have it reviewed and checked for compliance with local guidelines.
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