A health care proxy, also called an advance health care directive, lets you appoint someone to make important medical decisions on your behalf in the event that you can no longer make those decisions yourself. By making this document, you are making sure that your family and healthcare providers know what you want at the end of your life. If there comes a time when your loved ones are unsure whether you would want to be kept alive or receive specific medical treatments, they will have this document to turn to for guidance.
Definition
Health care proxies are documents that let you decide who should make medical and health care decisions for you if you’re unable to make those decisions yourself. They allow you to name one or more people as your health care proxy, often called your agent or attorney-in-fact, who can make medical, financial, and personal care decisions on your behalf when you can no longer do so yourself. Read on to learn what you need to know about this important legal document in case of an emergency.
How Does a Health Care Proxy Function?
A health care proxy, also known as a medical power of attorney, is a document that allows you to decide who will make medical decisions for you if you are unable to speak for yourself. This person is called your health care agent or proxy. In some states, it’s also called a “durable power of attorney for health care.” A health care proxy can be used when someone has an illness or injury and needs treatment but cannot communicate their wishes because they’re unconscious or otherwise unable to do so themselves. For example, a parent may create a health care proxy so that the child (their proxy) can give permission for life-saving measures if the parent falls into a coma. In an emergency, the child would not have to go to court against his own parents to get their permission.
A health care agent has the same rights as the person he represents. This means that he could refuse unwanted medical treatments on behalf of the patient, such as a blood transfusion.
People frequently appoint their children or spouses as proxies in order to provide for them financially in the event of their death.
What are the responsibilities of a health care proxy?
A health care proxy is a legally binding document that allows the person you appoint as your proxy to make medical decisions for you if you are unable to do so yourself. These medical decisions can include whether or not you want life-sustaining treatment, such as dialysis and a feeding tube. The responsibilities of a health care proxy are often misunderstood because they are not the same in every state. One of the most important responsibilities of a health care proxy is informing your doctor about the kind of treatments you would want in an emergency situation. A big responsibility is also making sure that all of your end-of-life wishes are known, even if they differ from what’s best for your immediate health or safety.
What if I don’t have a health care proxy?
If you don’t have a health care proxy and you’re in the hospital, doctors will talk with your family and friends about your medical history and preferences. They’ll also ask for consent for any procedures or medications. If you don’t want anyone to make decisions for you, it’s important that you tell the people close to you what your wishes are.
If someone is not able to make decisions on their own because of a disability or illness, they can appoint an attorney-in-fact (someone who makes decisions) with a power of attorney document. The person they appoint as their attorney-in-fact will be able to do things like sign legal documents on their behalf, open bank accounts, and pay bills.
How Do I Get a Health Care Proxy?
A health care proxy is an individual who can make medical decisions on your behalf when you are unable to speak for yourself. It’s important that you have a health care proxy because it allows you to have a say in what happens if you become incapacitated.
To get a health care proxy, all you need are two witnesses and a notary public. Fill out the form with your name, address, social security number, and date of birth. The person named as the health care agent must be at least 18 years old and mentally capable of making sound decisions about your healthcare wishes. If they meet these requirements, they will then have the right to make all medical decisions related to your well-being and health. If you don’t want this person to make any more medical decisions on your behalf, simply revoke their power.