Have you ever thought about who would make health care decisions for you if you were incapacitated and unable to speak for yourself? Most people have their wishes regarding medical treatment and life-saving efforts, but are you confident they would be carried out?
A healthcare proxy allows you to appoint someone to handle those decisions should the need arise. You can create a healthcare proxy even if you are in good health! That is usually the best time to do it! Keep reading as we tell you precisely what a healthcare proxy is, how they work, and how you can create one.
What Is A Health Care Proxy?
A healthcare proxy is a legal document that allows you to appoint someone to act as your agent or proxy to make healthcare decisions for you if you cannot express your own wishes.
Medical Power of Attorney
The document may allow the person you appoint to communicate your wishes to the doctors and nurses or enable them to make decisions on your behalf. This document is sometimes called a health care or medical power of attorney. The document must be created and executed while you are of sound mind and legally competent, but the document only takes effect upon your incapacitation.
Assigned Agent
Typically, your attending physician must attest that you are incapacitated and unable to make your own decisions before your proxy can make treatment decisions. You can appoint anyone you trust as your healthcare agent, although most people typically nominate a close friend or family member. Many people use the terms interchangeably, but a health care proxy and a living will differ. We will discuss those differences in more detail in the next section.
Length of Proxy Authority
In the event of terminal illness, your proxy might remain in effect from the point of your incapacitation until your death. However, in the event of an accident, the healthcare proxy authority ends once you regain the ability to make your own decisions. You can also use the document to limit the powers of your proxy. If there are any decisions that you do not wish to allow your proxy to make, those should be spelled out in the document.
KEY TAKEAWAYS
- A healthcare proxy is a legal document that allows you to appoint someone to act as your agent or proxy to make healthcare decisions for you if you become incapable.
- A living will is different than a health care proxy; it is a document that expresses whether you want to receive life-sustaining treatments.
- You will want to select a person you trust to serve as your healthcare proxy. Having a backup or alternate proxy is also wise.
Health Care Proxy vs Living Will
You already know that a healthcare proxy allows you to appoint another person to make medical decisions on your behalf.
Living Will
A living will, on the other hand, is a document that allows you to express your wishes so that your doctors can follow those wishes in certain medical situations. A living will typically apply to end-of-life treatments. You might use a living will to express whether or not you wish to receive specific life-sustaining treatment, such as tube feeding or breathing machines. Your living will would be used to determine whether to place you on life support instead of placing that decision on your caregivers. It would not prevent your doctor from providing pain medication, hydration, or other palliative care.
Advance Directive
Each state has slightly different rules regarding healthcare proxies and living wills. State law will govern your situation when it comes to these documents. Several states combine these two documents into a single document called an advance directive. The advance health care directive allows you to express your own health care decisions and treatment preferences in certain medical situations while appointing a proxy to make some decisions about your medical care.
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Tips For Choosing Your Proxy
So, how do you choose the right person to make these life decisions for you? The decision of who to appoint as your proxy can be complex, and it should not be one that you take lightly.
Trusted Appointee
First, you should appoint someone whom you can trust entirely. This person might be required to make life-and-death decisions, so you want to ensure they have your and your family’s best interests in mind. Many appoint a close family member, like a spouse or child, as their proxy. However, some nominate a close family friend as the decision-maker so their family and loved ones do not have to make those difficult decisions.
Backup Proxy
In addition to your first choice, you should also decide on a backup proxy. Most states allow you to appoint a backup proxy if your first choice is unavailable or unable to make those decisions. Sometimes, you might create the document many years before it is needed. The person you appointed as your primary agent might no longer be able to serve in that capacity, so your backup choice could step in.
Converse with Proxy
Once you decide who you will appoint as your proxy, discussing your wishes with that person is extremely important. You want to ensure they fully understand your beliefs and wishes about life-sustaining care. They should also understand your religious beliefs and feelings about healthcare facilities. Making sure that your proxy is informed about your wishes is critical to allowing them to make the best decisions for you. You might also choose to share some of your medical records with your proxy so that they can make the most informed decisions possible.
TIP
A healthcare proxy is one of several critical documents for you and your family. Other documents are a Will, Durable Power of Attorney, and a Living Trust.
How To Create A Health Care Proxy
The process of creating a healthcare proxy is not overly complicated. The process varies slightly from state to state as each state has different laws governing health care proxies. Some states even have specific healthcare proxy forms to be used when creating the document. Your healthcare provider is likely to be able to provide you with a form to use, and you can always visit a local attorney to assist you with your healthcare planning and proxy creation.
Notary & Witness
Generally, the form will need your signature and a notary who witnessed your signature. Some forms require separate witnesses from the notary, while others do not. The document should name both a primary proxy and an alternate proxy if your first choice cannot serve in that capacity.
Keep Form Secure & Accessible
Finally, the form should be kept in a safe place, and your proxy should be able to access the form when needed. Keeping the form in a safe deposit box at your bank is not a good idea unless your proxy also has access to the box. If required, this person must present the form to your healthcare provider. In some complex situations, the form might even be necessary in court to determine the proper action.
Other Valuable Estate Planning Documents
In addition to a health care proxy or advance directive, you should also have several other documents.
Durable Power of Attorney
First, a durable power of attorney is always a good idea. This document allows you to appoint an agent to make financial decisions on your behalf should you become incapacitated. A regular power of attorney terminates upon your incapacitation, but a durable power of attorney remains in effect even after your incapacitation.
Will & Testament
The other essential document is a last will and testament. In the unfortunate event that you do not survive the accident or condition that caused you to become incapacitated, you will need a will to distribute your estate. A will only takes effect upon your death, directing your executor to distribute your estate according to your wishes. Otherwise, your estate will be split and distributed according to state law instead of your wishes.
Living Trust
Some people find that a living trust suits their needs very well. There are some significant differences between a living trust and a will, and it is generally a good idea to have both of these documents as part of your estate planning package.
The Bottom Line
A healthcare proxy is an important legal document that allows you to name a person to make medical decisions on your behalf. This document only takes effect should you become incapacitated and unable to speak for yourself.
Make sure that you name someone you trust and who is familiar with your wishes and beliefs. You may also choose to have a living will, advance directive, durable power of attorney, and last will and testament. These extremely important documents can make things easier for your family and friends during a difficult time.
Frequently Asked Questions
Your healthcare proxy will be responsible for making decisions for you regarding life-sustaining treatment if you cannot speak for yourself. They will make these decisions and convey your wishes to your healthcare providers.
In some cases, they might simply be conveying your wishes to the doctors about feeding tubes or other life support measures. However, in other cases, they might be faced with making decisions for you regarding certain types of treatment.
You can appoint anyone as your healthcare proxy, although most choose to nominate a family member or close friend. Your proxy should be someone that you know and trust, and they should be familiar with how you wish to handle your health care.
You should express your wishes and share your religious beliefs and views on healthcare practices. You want to provide this person with as much information as possible so they can make the decisions you would most likely make on your own.
It is generally a good idea to appoint only one person as your healthcare proxy. This avoids appointing multiple people and making them unable to reach an agreement regarding certain decisions.
However, appointing a primary proxy and at least one alternate proxy is a good idea. This ensures you have a proxy, even if your first choice can no longer serve when needed. You can even appoint multiple alternate proxies if you choose to.
Failure to have a health care proxy could lead to medical services being performed that are not in line with your wishes. Failure to have a proxy might also mean that your family members are forced to make difficult decisions regarding your healthcare.
In extreme situations, your family might face a complex court battle to determine who should make those decisions for you. You should not put your family in that situation if it is avoidable, so having a healthcare proxy in place is critical should it arise.
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