Health Care Proxy

What is a Health Care Proxy? A Health Care Proxy is document where one appoints a trusted person (health care agent) to make medical decisions. The agent’s decision-making power becomes effective only if a physician determines that the patient is not able to make health care decisions for himself or herself.
Should each of my parents have a health care proxy? Yes. If either of your parents becomes unable to make his own medical decisions, it is important that a health care agent have the legal authority to communicate his or her wishes concerning medical treatment.
Who should be appointed as a health care agent? Since the agent is going to have the authority to make medical decisions in the event that your mother or father is unable to make such decisions, the agent should be a trusted family member or friend who knows your parent's wishes and can be relied upon to communicate these wishes. Your mother and your father might choose different agents. When executing a health care proxy, each of your parents should talk to his/her heath care agent about their wishes concerning medical decisions, especially maintenance of life-sustaining treatment.
Who should have copies of the health care proxy. Your mom and dad should have copies and they should give copy to their health care agent, the successor agent, and to each of their physicians. Some seniors post a copy of their health care proxy and a list of their current medications on the refrigerator in case of an unexpected emergency where EMS is called.
Is there a special form to use for a health care proxy? I recommend that people use the form issued by the Department of Health of the State of New York. You can find the form and other information at the following website: www.health.state.ny.us/nysdoh/hospital/healthcareproxy/intro.htm
What is the difference between a Health Care Proxy and a Power of Attorney? The Health Care Proxy empowers the health care agent to make decisions affecting the rendering of medical care when one is not able to make those decisions. The Power of Attorney, on the other hand, empowers the Attorney-in-Fact to take actions regarding financial, business and personal matters.
Tip : There are new federal privacy regulations restricting the release of health information. Our office helps clients to include provisions in the Health Care Proxy and the Power of Attorney, authorizing the agents to obtain all necessary health information.
What is a living will? A living will is a document that gives instructions regarding treatment if the individual becomes terminally ill or is in a persistent vegetative state and is unable to communicate his or her own instructions. The living will states under what conditions life-sustaining treatment should be terminated. If an individual would like to avoid life-sustaining treatment when it would be hopeless, he or she might want to draw up a living will. Like a health care proxy, a living will takes effect only upon a person's incapacity. But a living will is not necessarily a substitute for a health care proxy or broader medical directive.
Tip: It is important for the principal and his agent to understand the difference between a health care proxy and a living will and when each should be used.