Estate plans can help individuals prepare for incapacity. Medical emergencies that may follow car crashes or sudden events, such as strokes, often leave people unable to manage their affairs. Estate planning paperwork can nominate a health care agent to oversee a person’s care.
Adults can name a health care agent or attorney-in-fact in medical power of attorney documents or an advance directive. Frequently, people select their spouses, but there are actually compelling reasons to consider alternate candidates for this critical role.
The drawbacks of naming a spouse
There are two main shortcomings associated with naming a spouse as a health care agent in an advance health care directive or medical power of attorney. The first is the possibility for spouses to experience the same emergency.
Living together and traveling in vehicles together can lead to scenarios where both spouses experience the same crash or house fire. The person named as agent may then be experiencing their own emergency and incapable of providing support.
The other main concern about naming a spouse is the stress of an emergency. The hospitalization of a close loved one can leave people feeling overwhelmed and panicked. They may struggle to regulate their emotional reactions. Choosing someone who can remain calmer and who may have less stress during a medical emergency can be better than adding to the pressure on a spouse in that situation.
Creating a thorough estate plan that include powers of attorney and advance directives can protect people in a variety of situations. Custom documents containing protective terms can help people prepare for a variety of challenging situations.