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Estate Planning

What is a Medical Representation Agreement

February 23, 2022 by Nancy Ling


Partner Nancy Ling regularly advises clients in the practice areas of wills, trusts, estate and incapacity planning, estate administration, residential and commercial real estate, property matters, corporate transactions, and business law.

In this edition of Legal Matters, Nancy talks about the less known Medical Representation Agreement. Most people have heard of a Will or Power of Attorney, but the Medical Representation Agreement is just as important when creating your estate plan.



Transcript:

Hello, I'm Nancy Ling. Most people are familiar with Wills and Power of Attorneys, but fewer people are familiar with Medical Representation Agreements.

While a Power of Attorney deals with financial decisions, a Medical Representation Agreement is similar, however it appoints someone to make medical decisions for you if you are no longer capable to communicate, informed consent to your doctor. There are many reasons a person may not have capacity to make medical decisions, perhaps dementia or a brain injury, or perhaps you're already under anesthesia. Your medical representative can consent or refuse consent to health care on your behalf. For example, with respect to end of life decisions they could make the decisions to stop life support if you no longer have the mental capacity to communicate such wishes to your doctor.

You can also leave instructions for your representative on what you would want in specific scenarios, such as a permanent coma. It is important to plan for a potential mental incapacity while you are still well and of sound mind. As always, if you have questions, we are here to help.