A health care proxy is a document executed by a competent person (the principal) giving another person (the agent) the authority to make health care decisions for the principal if he or she is unable to communicate such decisions him or herself.
Why have a health care proxy?
In case you ever become incapacitated, it is important that someone has the legal authority to communicate your wishes concerning medical treatment. This is true especially if you were to disagree with family members or they were to disagree among themselves about your treatment. By executing a health care proxy, you ensure that the directions that you have given your agent will be carried out in the event of such disagreement.
Whom should I appoint as my agent?
Since your agent is going to have the authority to make medical decisions for you in the event you are unable to make such decisions yourself, it should be a family member or friend that you trust will follow your wishes. Before executing a health care proxy, you should talk to the person whom you want to name as your agent about your wishes concerning medical decisions, especially life sustaining treatment.
Should I have a medical directive?
A medical directive provides your agent with instructions on what type of care you would like. If you wish, you may include a medical directive in your health care proxy. It may include specific instructions concerning the initiation or termination of life sustaining treatment or a more broad statement granting general authority for all medical decisions that are important to you.
When does a health care proxy take effect?
A health care proxy takes effect only when you require medical treatment and are unable to communicate your wishes concerning your treatment.
What if I regain my ability to communicate my own decisions?
If you become able to express your wishes at any time, you will be listened to and the health care proxy will have no effect.
Who should have a copy of my health care proxy?
Your agent should have the original document. You should have a copy and your physician should have a copy with your medical records.
Should I have my agent acknowledge and accept appointment as Health Care Agent?
Although there is no statutory requirement that an agent sign the Health Care Proxy, thereby accepting appointment as Health Care Agent, some prefer that the Agent sign the proxy. It gives the attorney an opportunity to explain the responsibilities of being appointed Health Care Agent. It also provides an opportunity to impress upon the Agent the importance of being appointed Health Care Agent.
Elder & Disability Law Advocates a Worcester MA based law firm specializing in the issues affecting the elderly and people with disabilities. Wills and trusts, estate planning, durable powers of attorney, health care proxies, guardianships, conservatorships, estate administration, probate litigation, MassHealth benefits, medicaid advocacy, veterans benefits, litigation.
Serving clients throughout Worcester County and the Central Mass area, Middlesex County and the Boston Metrowest area, and all communities located therein.
