Senior Associate
A healthcare proxy is a document that allows an individual to designate someone else to make medical decisions on their behalf in the event they are unable to do so for themselves. Together with other instruments like a living will (a/k/a advance directive) the healthcare proxy helps individuals preserve their medical autonomy while relieving their family members of the burden of making difficult choices. Because of the authority granted to the proxy, it is essential that you select the best individual to serve as your agent for major medical decisions. LaFountain & Wollman P.C. provides some practical advice.
Understanding Healthcare Proxies
If you are ever incapacitated – for example, if you suffer a serious accident and wind up in a coma or you develop a cognitive disease like dementia – you will be unable to express your wishes concerning medical care. This when the healthcare proxy comes into play. This estate planning document allows an individual, known as the principal, to name someone else as a health care agent (or proxy) to make decisions for them.
The proxy can be activated in such situations as unconsciousness, coma, terminal illness, or lack of cognitive function due to a medical condition. Some examples of responsibilities the proxy may exercise in these situations include:
- Making major medical decisions on your behalf
- Having the right to access, read, and send your medical records and information to physicians
- Talking with your doctors about your tests, procedures, and treatments
- Asking healthcare providers important questions to make the right decisions for you
- Servicing as an advocate for your healthcare rights and interests
Choosing the Right Healthcare Proxy
Considering the above duties, a healthcare proxy has significant authority to act on the principal’s behalf and ensure that the most beneficial medical decisions are made. Selecting someone to serve as a proxy is therefore no small task. Our firm recommends the following guidelines for choosing your proxy:
- Select someone who understands you and your values: The closest people in your life should be at the top of your list of potential healthcare proxies. These include your spouse, relatives, and in some cases friends. More importantly, the proxy should know you well enough to gauge your values so the right decisions can be made. For instance, if you are a religious person, your proxy should know about your values and how they may impact your healthcare choices.
- Select someone who is comfortable being a proxy: The awesome role of proxy extends to all medical decisions that could conceivably be made on your behalf in the event of incapacity. These include decisions that might even make the difference between life and death. Make sure the person you choose is comfortable serving in this capacity. Have a talk with the person, explaining their role as a proxy, and determine if he or she is right for you.
- Select someone who can make hard decisions: Can your proxy make decisions under pressure? Will your proxy be available in an emergency (meaning, is it fairly easy to reach this person in a dire situation)? Will this individual make choices that are truly in your interest, free of undue pressure or coercion from others? If the answer to these questions is yes, you may have a good candidate for a proxy.
- Don’t forget that you can revise your proxy as needed: Selecting a proxy is serious, but fortunately, it is not irreversible. If you choose someone as a proxy who, for any reason, later becomes unsuitable or unable to serve, remember that you can always revise your proxy. This instrument is flexible enough to accommodate changes in life circumstances such as the need to replace your proxy with someone else.
Here to Guide Your Estate Planning Decisions
The estate planning attorneys of LaFountain & Wollman P.C. are well-versed in healthcare proxies and understand the vital role these documents play in individuals’ lives. We’re here to guide you as you make this decision and prepare for your future. Call us today to schedule your consultation.