What are Ancillary Documents?

Ancillary documents are the documents that make up an estate plan outside of a will and trust. They are lesser known but equally important. The most common ancillary documents are described below.

HIPAA RELEASE

The Health Insurance Portability and Accountability Act of 1996 prevents health care professionals from releasing any medical information about an adult to a non-spouse unless they are named in a HIPAA Release. Not all HIPAA releases are created equally, and only the correct forms will be accepted. With the correct form, the people named in your HIPAA release will be able to speak with your medical professionals about your condition. This alone does not allow anyone to make any healthcare decisions for you.

POWER OF ATTORNEY- HEALTHCARE

A Healthcare Power of Attorney names a person who will make decisions on your behalf should you become incapacitated. This is different than a financial power of attorney. It is always a good idea to have this in case of an emergency, otherwise the doctors will do what they have to by law, which is listen to a court-appointed guardian.

ADVANCED HEALTHCARE DIRECTIVE

An Advanced Healthcare Directive is a document that outlines your medical preferences and also includes the Healthcare Power of Attorney. An Advanced Healthcare Directive is also known as a living will, which is confusing because it is not an actual will. You can be as specific or vague as you choose to be in your AHCD.

DECLARATION OF GUARDIAN IN ADVANCE

If you have minor children, you can choose who you want to become guardians in case of your death or incapacitation. Without this document, the court will appoint a guardian.

If you have any questions with regard to the above-mentioned documents, please contact me for further discussion.