Friday, September 15, 2023

From Good to Great, Where to Keep Your Power of Attorney for Health Care

From Good to Great, Where to Keep Your Power of Attorney for Health Care

By Melinda Gustafson Gervasi

September 15, 2023

The green illuminated numbers on my alarm clock glowed 1:57 am; nearly 20 years later, I can still see the time in my memory and recall the groggy phone call I had with the University of Wisconsin Hospital and Clinics hospitalist who was calling in the middle of the night.  

"Is this Melinda Gustafson Gervasi" barked the voice on the other end of my phone.

"Yes" said with a rising tone indicating I wanted to know who was calling.

"This is Doctor [a name I do not recall] with University of Wisconsin Hospital and Clinics calling about your mother, Sharon." She then launched into rapid fire details of my mother's deteriorating health condition, ending with declaring her incapacitated and asking me to consent to an emergent procedure.

In less than a minute the power of attorney for health care that had been added to my mother's hospital medical file was pulled up, activated, and I was speaking for her when she could not.  It was seamless and perfect.  To this day I give thanks that the paperwork was on file with my mother's hospital of record.  Had the only copy by stored at her home, I might still be searching for it to this day.  My mother had a warm smile and kind eyes, but she was not Type A and organized.  Hunting for the paperwork while she was gravely ill would have been a nightmare.

Being an estate planning and probate attorney, I knew back then that having a Power of Attorney for Health Care was good.  Having one that can be easily accessed is great.  From both my personal and professional experience, I believe a Power of Attorney for Health Care should be on file with your:

  • Primary agent
  • Back-up agent(s)
  • Primary Care physician and clinic
  • Hospital of record (the hospital your health insurance favors)
  • Any medical specialists you work with
Also, for added measure I suggest keeping a list of where it is on file so that if and when you update your document, you can give all of those entities the update version.  It's a great way to avoid confusion if different documents from different times surface.


Author with her mother, Sharon.  1974

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