It’s final. You are now officially divorced.
Now, the barrage of paperwork begins with this change in your marital status.
One area often overlooked is healthcare documents.
When you were married, your spouse was the default recipient of your healthcare information.
Your spouse also had the right to make health decisions for you if you were unable to make them.
For example, if you were in an accident and unconscious, the healthcare provider would turn to your spouse for decisions.
Now that you’re single, you need to designate someone to access your healthcare information and make healthcare decisions if you are unable to make them yourself.
These three healthcare-related legal documents address these issues.
1- Healthcare Durable Power of Attorney:
This legal document identifies who you trust to make healthcare decisions for you in the event you can’t make them for yourself.
This person is referred to as your healthcare agent.
Other names for this document include healthcare proxy or medical power of attorney.
You can designate an individual or a group of people as your healthcare agent.
When making a selection, think of family members or close friends who could fill this role.
2- Healthcare Directive:
This legal document specifies your treatment preferences when you can no longer verbalize your desires.
It’s usually referred to if you have a terminal condition that will result in death or a state of permanent unconsciousness.
Other names for the document include living will or advance directive.
While no one likes to think about these conditions, making the decisions now relieves your healthcare agent from having to make difficult decisions.
Instead, they will act on your wishes and not have to second-guess what you would have wanted.
3- HIPAA Release:
In 1996, Congress created the Health Insurance Portability and Accountability Act (HIPAA) to protect the privacy of your health information.
A signed HIPAA release form identifies who may access your healthcare information.
Typically, your healthcare agent would need this information to make informed decisions about your health when you are unable to do so.
Each state may have different requirements for these documents.
For that reason, it’s preferable to work with a local estate planning attorney.
Before finalizing any of these documents, make sure you inform the person or persons you designate as your healthcare agent.
There are many things to consider as you transition into your post-divorce life.
These three healthcare-related legal documents are some of the items you’ll need to update now that you are single.
If you need help with your post-divorce transition, contact us for our guidance service. Click here to learn more.
(Update to original post from May 29, 2020)
ABOUT THE AUTHOR:
Niv Persaud, CFP®, CDFA®, RICP®, is a Managing Director at Transition Planning & Guidance, LLC. Life is more than money. It’s about living the lifestyle you want and can afford. For that reason, Niv consults with clients on money, life, and work. Her approach capitalizes on techniques she learned throughout her career, including as a management consultant, executive recruiter, and financial advisor. Her services include developing comprehensive financial plans, divorce financial reviews, and retirement plans. Niv actively gives back to her community through her volunteer efforts. She believes in living life to the fullest by cherishing friendships, enjoying the beauty of nature and laughing often — even at herself. Her favorite quote is by Erma Bombeck, “When I stand before God at the end of my life, I would hope that I would not have a single bit of talent left and could say ‘I used everything you gave me.’”