Below is an article explaining what a healthcare proxy is, how it works, and how to obtain a healthcare proxy. Subsections will appear to clarify the internal details of each section.
How does a healthcare proxy work?
A healthcare proxy is a legal document used to appoint someone to make decisions about your care in the event that you become incapacitated. A healthcare proxy is a critical tool in estate planning, even if you have clearly provided your end-of-life instructions to your family. A healthcare proxy authorizes someone to make medical decisions on your behalf if you are unable to do so. You can choose anyone you trust as your healthcare proxy, even if they are not a family member. Typically, the healthcare proxy document will contain instructions stating that the document will become effective if a physician determines that you lack the mental capacity to make decisions.
Difference between healthcare proxy and living will
A healthcare proxy designates who can make healthcare decisions on your behalf if you are incapacitated, while a living will provides specific instructions regarding your care if you cannot communicate. Living wills are usually used to outline end-of-life care for someone with a chronic illness or who has been in an accident. However, a healthcare proxy has a broader use, as it typically takes effect when a person lacks the mental capacity to make decisions. While a living will can clarify your wishes to healthcare providers, it is impossible to provide instructions for every scenario. This is why you may need a healthcare proxy even if you have a living will.
How can I obtain a healthcare proxy?
Even if you are young and have no health issues, appointing a healthcare proxy for worst-case scenarios is a smart step. Think about who you would like to speak on your behalf if you are unable to do so. Also, ensure that this person can make tough decisions quickly and whether they will ask questions and seek clarification from healthcare providers to ensure your wishes are followed.
You can appoint almost anyone you choose as your healthcare proxy, with a few exceptions:
The rules for healthcare proxies vary by state, but some states require you to sign documents in the presence of witnesses. However, even if you do not complete a state form, doctors must follow any wishes you have clearly expressed.
You can use the free advance directive tool provided by AARP, which will guide you to the healthcare proxy forms for your state. But always remember that it is best to consult an attorney for estate planning matters.
Finally, even if you have a healthcare proxy and a living will, it is essential to discuss your wishes with your doctor. Ensure they understand the type of medical care you want if you become incapacitated or seriously ill, that they are willing to comply with your instructions, and that they document your wishes.
Frequently Asked Questions
Who can be a healthcare proxy?
You can appoint anyone over the age of 18 (19 in Alabama and Nebraska) as your healthcare proxy. The adult you designate as your healthcare proxy does not have to be a family member, but in some states they may not be eligible to be beneficiaries or financially responsible for your care.
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Is your spouse automatically your health care proxy?
If you do not designate a party in your health care proxy, medical professionals often turn to your family members for guidance regarding your health treatment. Typically, the spouse of the incapacitated person is first consulted, but the person designated in the health care proxy may override the spouse.
Source: https://www.thebalancemoney.com/what-is-a-health-care-proxy-6279111
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