Why You Need a Health Care Proxy

Who will communicate regarding your medical wishes if you are unable to do so?

What is a Healthcare Proxy?

A healthcare proxy, also known as a durable medical power of attorney, authorizes someone you choose to make critical healthcare decisions on your behalf if you are unable to communicate. A healthcare proxy may take on a temporary role if your injury requires recovery, or a permanent role if you are not expected to regain sufficient cognitive ability to make decisions yourself.

Some decisions they may be asked to make include:

• Consent for extraordinary measures to extend your life
• Consent for risky treatments
• Withdrawal of life support
• Request for second opinions
• Consultation with family members
• Other decisions based on their knowledge of your specific desires
• Decisions based on your religious beliefs or others

What if there is no Healthcare Proxy?

In most states, there is a procedure for appointing someone to make decisions on behalf of a person who is unable. This “alternate proxy” is chosen according to the laws of each state, but often the arrangement starts with the spouse or living partner, or an adult child over 18, or a parent, or a sibling over 18, and finally a friend or relative who does not fall under any of the previous categories.

Although there is a backup plan in most states, it is best to have a healthcare proxy. Without clear guidance from you, disputes can arise among family members. These disputes can lead to lawsuits, which can interfere with critical care.

Who should you choose as a Healthcare Proxy?

While you may automatically think of the person who loves you the most, they may not be the best choice. Look for these qualities:

• Deliberates and makes tough decisions swiftly
• Works well with others. They should operate as a team with doctors, family, financial professionals, attorneys, and others
• Considers your wishes over their feelings
• Stands firm in their position and carries out your wishes even when pressured by doctors, family members, and others to do otherwise
• Lives in the same area and can be involved in your care for weeks, months, or even years

When considering this partial list of criteria, the person you thought was the obvious choice may not be the best. Look for someone who cares about you but can sufficiently separate their feelings from the situation to make the decisions you would make if you were able to communicate.

How to Appoint a Healthcare Proxy

A healthcare proxy is often part of the larger estate plan completed by an estate attorney, but you can also complete a form based on your state’s laws.

Note: Each state has its own policies and forms. Your local aging agency can help you find the proper forms.

Since this is a legal document, you will need to complete the form, have witnesses sign it, and possibly have it notarized. Although something is better than nothing, having an attorney review the document may make it more enforceable under legal scrutiny.

What to Communicate to a Healthcare Proxy

First, they should have a copy of the healthcare proxy form and any other advance directive documents you have completed. Next, make sure they know the names and contact information for all your healthcare providers. Remember, they will have the right to access your entire medical records so they can share them with other doctors and seek second opinions.

The part
The last is to tell the person what is most important to you. You might start the conversation by saying: “What matters most to me is…” From here, fill in the gaps by discussing other situations that may arise. Would you like to be an organ donor? Would you want to be placed on a ventilator if your chances of survival were slim to none?

Taking the Lesson

The golden rule of estate planning is to make plans before you need them. You don’t want to leave decisions like these in the hands of the courts or people who may not have your best interests at heart. You’ve heard it before: the best defense is a good offense.

Was this page helpful?

Thank you for your feedback!

Sources:

New York State Department of Health. “Deciding About Health Care.” Page 3.

California Office of the Attorney General. “Advanced Health Care Directive Form.”

Source: https://www.thebalancemoney.com/why-you-need-a-health-care-proxy-4690624