A Health Care Power of Attorney is an essential document in any comprehensive estate plan. It should be included in both a will-based estate plan or a revocable living trust-based estate plan.

In Arizona, we create two standalone Health Care Powers of Attorney:

• Durable Medical Power of Attorney

• Durable Mental Health Care Power of Attorney

Both documents include a privacy release under Federal HIPAA laws.

The purpose of a health care power of attorney is to appoint a trusted person to make medical decisions on your behalf if you are unable to communicate or make them yourself. Having these documents in place ensures that your loved ones can manage your healthcare without the need for a court-appointed guardianship.

A guardianship involves the court removing your right to make medical decisions and granting that power to someone else. Establishing a guardianship can be costly and requires ongoing court supervision, along with annual reports.