Your health care proxy can only make medical decisions for you. If you want to appoint an individual to make financial decisions on your behalf, consult a lawyer about granting power of attorney to someone you trust. Depending on your state, decisions about health insurance and paying health care bills may be considered financial decisions.
What is a healthcare proxy and do I need one?
A Healthcare Proxy is a legal document that allows you to choose someone you trust to make medical decisions on your behalf in the event that you cannot make the decision for yourself. Some examples of situations where someone may need to make medical decisions for you include:
When does a health care proxy take effect?
When does it take effect? The health care proxy becomes effective only when you become unable to make decisions, as determined by a physician. Until then, you continue to be in charge of making your own health care decisions. It can be revoked orally, and you always have the right while competent to sign a new health care proxy.
What is a medical power of attorney or healthcare proxy?
A medical power of attorney or healthcare proxy designates an individual to make medical decisions for you when you no longer have the capacity to do so. The person you choose to make health care decisions on your behalf when you cannot is referred to as your agent.
Can a patient revoke a health care proxy?
The patient can revoke the proxy at any time, and if the spouse has been appointed agent, the proxy is revoked upon divorce or legal separation. You are not required to complete a Health Care Proxy in order to receive medical care from any health care provider.
How much power does a health care proxy have?
A health care proxy grants the authority to make medical decisions, and a power of attorney grants the authority to make financial decisions. Both documents appoint people to make important decisions in the event that your loved one becomes incapacitated.
What are the responsibilities of a health care proxy?
A health care proxy is a document that allows you to appoint another person(s) as your health care agent to make health care decisions on your behalf if you are no longer able to do so. You may give your health care agent authority to make decisions for you in all medical situations if you cannot speak for yourself.
Can you override a healthcare proxy?
If I name a health care proxy, I give up the right to make my own decisions. False. Naming a health care agent proxy does not take away any of your authority. You always have the right, while you are still competent, to override the decision of your proxy or revoke the directive.
What is the difference between an advance directive and a health care proxy?
In the case of a Health Care Proxy, a trusted loved one will be given the responsibility. However, with an Advance Directive, your decisions regarding medical intervention and end-of-life preferences are clearly stated in a legally binding document rather than a living person.
Can a power of attorney override a health care proxy?
While the health care proxy is the one who makes the health care decisions, the person who holds the power of attorney is the one who needs to pay for the health care. If the two agents disagree, it can spell trouble.
Is a healthcare proxy a legal document?
This is an important legal document. Before signing, you should understand the following facts: 1. This form gives the person you choose as your agent the authority to make all health care decisions for you, including the decision to remove or provide life-sustaining treatment, unless you say otherwise in this form.
How do you void a Health Care Proxy?
You can cancel your Health Care Proxy by notifying, orally or in writing, your agent,doctor or others who have copies. You can cancel the appointment of the agent on your Health Care Proxy at any timeand appoint a different health care agent in a new Health Care Proxy.
What are the 3 types of advance directives?
Types of Advance DirectivesThe living will. ... Durable power of attorney for health care/Medical power of attorney. ... POLST (Physician Orders for Life-Sustaining Treatment) ... Do not resuscitate (DNR) orders. ... Organ and tissue donation.
What is the difference between a healthcare surrogate and a Health Care Proxy?
What is a Health Care Proxy? A Health Care Proxy is also known as a Health Care Surrogate, Agent, Attorney-in-Fact or other similar terms. Here, we'll use the terms Healthcare Surrogate, Proxy and Agent interchangeably.
In which legal document is a Health Care Proxy authorized?
Durable power of attorney for health care: a legal document that allows an individual to name a particular person—known as an agent, surrogate or proxy—to make health care decisions on his or her behalf should he or she no longer be able to make such decisions; also known as medical power of attorney.
What is an example of a Health Care Proxy?
Examples of health care proxy Your religious beliefs. Any treatments you do not want to receive. Feelings about medical caregivers. How you feel about comfort-based palliative care versus life-sustaining treatments.
Who should make end-of-life decisions?
If one family member is named as the decision-maker, it is a good idea, as much as possible, to have family agreement about the care plan. If family members can't agree on end-of-life care or they disagree with the doctor, your family might consider working with a mediator.
What is an example of a healthcare proxy?
Examples of health care proxy Your religious beliefs. Any treatments you do not want to receive. Feelings about medical caregivers. How you feel about comfort-based palliative care versus life-sustaining treatments.
What does it mean to invoke a health care proxy?
By “invoked” you mean that the resident has been determined in writing by their attending physician that they don't have the temporary or permanent capacity to make their own health care decisions. And that the named Agent has been authorized to now make decisions for your patient.
Does a healthcare proxy need to be notarized in Massachusetts?
The person you appoint as your proxy cannot serve as a witness. You do not need to notarize your Massachusetts healthcare proxy.
Is a spouse automatically a healthcare proxy?
spouse may automatically become your legal proxy. If you think your spouse might find it too difficult to make decisions such as starting or ending treatments if you were seriously ill, it's probably a good idea to choose someone else as your proxy.
What is a proxy for health care?
A health care proxy is a document that allows you to appoint another person (s) as your health care agent to make health care decisions on your behalf if you are no longer able to do so. You may give your health care agent authority to make decisions for you in all medical situations if you cannot speak for yourself.
What is the difference between a health care proxy and a living will?
Although both a health care proxy and a living will are advance directives, there are specific differences between the two.
How is a health care proxy different from a power of attorney?
How is a health care proxy different than a power of attorney? A power of attorney primarily authorizes the person you designate to make financial decisions for you. It cannot be used to make health care decisions.
When does a proxy take effect?
When does it take effect? The health care proxy becomes effective only when you become unable to make decisions, as determined by a physician. Until then, you continue to be in charge of making your own health care decisions.
Who can make health care decisions in New York?
Under New York's Health Care Proxy Law, any competent person can authorize another person ( often a family member) to make health care decisions, if the patient becomes unable to do so.
Why do you need a living will?
You may use a Living Will to specify your wishes about life-prolonging procedures and other end of-life care so that your specific instructions can be read by your caregivers when you are unable to communicate your wishes.
What is a proxy for healthcare?
A valid proxy must include the name of the adult who creates the proxy ( the principal), the name of the healthcare agent, and a statement that the principal intends the agent to make healthcare decisions for them . [11] The proxy must be signed and dated by the principal and two witnesses who are not the appointed agent. [12] Another person may sign and date the healthcare proxy for an adult unable to do so, so long as the document is signed at the adult’s direction, in their presence, and in the presence of two adult witnesses who also sign the proxy. [13] Unless the proxy provides for its expiration at a specified time, [14] it remains in effect until the principal revokes it or regains capacity. [15]
What is included in a proxy?
The proxy may also include a statement of the principal’s treatment wishes, limitations on the agent’s authority, the designation of an alternate agent, an expiration date or description of circumstances that trigger expiration, and the signature of the healthcare agent. These particulars are optional; not including them does not affect the legality of the proxy. [16]
What is a healthcare provider obligated to do?
A healthcare provider is obligated to comply with healthcare decisions made by the agent in good faith, to the same extent as if made by the principal. [43] Private facilities or individual providers may refuse to comply with a decision (of the principal or the agent) that is contrary to an individual provider’s religious beliefs or sincerely held moral convictions, or contrary to a formal policy of the facility or provider which is expressly based on religious beliefs or sincerely held moral convictions. [44] A facility which is refusing to comply in good faith with the agent’s wishes should arrange for the patient’s transfer to another hospital that is reasonably accessible and willing to honor the agent’s decision. [45] If an individual healthcare provider refuses to honor the agent’s decision, the facility must arrange for the transfer of the patient’s care to another provider. [46]
When does an agent's authority cease?
The agent’s authority commences when a determination is made by the patient’s attending physician or attending nurse practitioner that the principal lacks capacity to make healthcare decisions, [24] and ceases if the principal revokes the proxy or regains capacity. [25]
Can a patient be incapacitated before a proxy takes effect?
Some advocates have suggested that there should be an exception to the requirement that a patient be determined to be incapacitated before the proxy takes effect. Under this exception, the proxy would take effect immediately in order to allow frail and debilitated patients to have the support of an agent in making decisions. [26] New York courts have not recognized such an exception. [27] However, legislative consideration has been given to creating an exception. [28] In 2008, the New York Legislature enacted and the governor signed the Simplified Advance Health Care Directive Law (“Act Now”), authorizing the Office of People with Developmental Disabilities (OPWDD) to develop a demonstration project using healthcare proxies that take effect immediately for individuals with developmental disabilities. [29] The demonstration project has yet to be implemented. In the meantime, the requirement that a determination of a principal’s incapacity trigger an agent’s authority remains the law.
Can a living will be a proxy?
As noted earlier, creating a health care proxy or a living will is not obligatory, but anyone planning for their potential incapacity may execute one or both. In the event someone executes both a health care proxy and a living will, the two documents can be interpreted in tandem, guiding an agent appointed in the health care proxy with instructions contained in the living will. If a person relies on a living will without appointing a health care agent, ambiguous instructions in the living will may create problems of interpretation for medical staff. That possibility suggests that a living will alone may not fulfill the patient’s intent. [51]
Who can act as the agent in a hospital?
The operator, administrator, or employee of a hospital cannot act as the agent unless they are related to the principal. [19] A physician or nurse practitioner who accepts the appointment as the patient’s agent cannot act as the patient’s attending physician or nurse practitioner. [20] The legislature was concerned that the potential conflict of interest between the role of agent and that of administrator or physician was problematic. [21] Administrators could be subject to institutional pressures and unwilling make choices that thwarted the facility’s policies or interests. [22] “A physician’s professional ethos may overwhelm a patient’s preferences. Equally important, a physician may have an immediate financial interest in the provision or withholding of treatment.” [23]
What Is a Healthcare Proxy?
A Healthcare Proxy is a legal document that allows you to choose someone you trust to make medical decisions on your behalf in the event that you cannot make the decision for yourself.
How do I choose the right Healthcare Proxy?
Deciding who you want to choose as your Healthcare Proxy is not a decision you will want to make lightly. This trusted person will have the power and final say over all of your medical decisions if you can no longer be responsible for them yourself. Thus, you will want to make sure you spend time thinking over who you want to choose, and ask yourself the following questions:
What is a healthcare proxy?
Health Care Proxy and Medical Decision Making. Hospitals are required, by federal law, to provide all adult patients with information on: Their rights under state law to make decisions in regard to their medical care. Their right to make an “advance directive” and. The hospital’s policies regarding such rights.
Why is it important to discuss the medical issues with your physician before preparing your health care proxy?
Discussing the Issues. Because it is difficult to anticipate what kind of medical care you might want in the event of a future illness, you are encouraged to discuss the medical issues with your physician before preparing your health care proxy. You are also encouraged to talk to your health care agent about your values and what kind ...
How is a health care agent appointed?
A health care agent is appointed by means of a health care proxy. (A proxy form is included.) You can also, if you wish, include in the proxy specific instructions about what medical care you want—or do not want. However, setting limits on your health care agent’s authority might make it difficult for your agent to act for you in a situation ...
How old do you have to be to get a proxy in Massachusetts?
In Massachusetts, if you are at least 18 years old and competent, you may complete a Health Care Proxy form, selecting another person (called your Health Care Agent) to make health care decisions for you if you cannot make such decisions yourself. You may put specific limitations or instructions in the proxy.
What to talk to your health care agent about?
You are also encouraged to talk to your health care agent about your values and what kind of medical care you might want—or not want—in certain circumstances. For example, you might want to discuss with your doctor and your health care agent the circumstances under which you would want to be revived if your heart and breathing stop, ...
What should an agent do when making a proxy?
The agent should make the decision based on his/her understanding of your wishes (or, if your wishes are not known, on his/her assessment of your best interests). The agent’s decision, if consistent with any instructions in the proxy, and within the bounds of responsible medical practice, should generally be followed.
What is reasonable alternative treatment?
A description of reasonable alternative treatments or procedures with their risks, benefits and likely outcomes, including the likely results of not having any treatment. Any other significant medical information that would be important for you in making your decision.
Why do you need to choose a person to hold your medical and financial power of attorney?
Choosing people you trust to hold your medical and financial powers of attorney gives you more control over your interests and ensures your wishes are followed. Knowing the differences between these two designations will help you decide whether you should appoint the same person to hold both of these directives for you. This article will explore the advance directives known as medical power of attorney and financial power of attorney: what they have in common and what important distinctions can be made between these two legal actions.
When to use a financial power of attorney?
In some cases, a financial power of attorney can be used for isolated, one-off situations where it is not convenient for you to be present.
How many people can you appoint as a medical power of attorney?
Usually, you appoint only one person as your medical power of attorney, though you can name alternates for situations when that person might not be available. You will also want to consider whether the person is close by and can meet with your doctors should the need arise.
Is a medical power of attorney a financial power of attorney?
A medical power of attorney and a financial power of attorney are typically created in separate legal documents. Both are known in legal terms as advance directives. Generally, the law addresses each type of advance directive separately, which limits their authority.
What does it mean when a health care proxy doesn't get along with your finance counterpart?
If you, as Health Care Proxy, don’t get along with your finance counterpart, it can mean added hardship if, for instance, he/she withholds the release of funds to pay for medical expenditures you’ve already authorized.
What does it mean to be a proxy for medical care?
Being a Health Care Proxy means being on board for any medical treatment that comports with the principal's decisions. So if you take religious, spiritual or intellectual exception to any of the applicable procedures or medicines stipulated within them, get past it or pass on the responsibility.
How long do proxies last?
Depending on the medical choices of the patient, the responsibilities of Health Care Proxies can drag on for weeks, months or even years. So if you don’t live within driving range of the principal, it’s going to be nigh impossible or, at best, prohibitively expensive to fulfill your obligations.
What does it mean to be asked to take responsibility for another person's health care?
Being asked to assume responsibility of another person’s health care is an incredible display of trust and an endorsement of your dependability. It can also be an incredible burden.
Can you decline a proxy request?
If you identify with one or more of the following circumstances, you might want to respectfully decline the request if you're ever asked to serve as someone's Proxy.
Dividing Health Care Proxy and Power of Attorney Duties
According to Patricia Maisano, chief innovation officer and founder of IKOR International, an advocacy and life management organization for seniors and individuals with disabilities, this kind of conflict is an all-too-common occurrence.
Healthcare Proxy and Power of Attorney Responsibilities
First, it’s helpful to understand the difference between a health care proxy (also known as health care agent, health care power of attorney, health care representative or medical power of attorney) and a power of attorney.
Preventing Conflict Between a Healthcare Proxy and Power of Attorney
But it doesn’t have to be this way. In order to avoid this kind of sibling conflict and potential legal proceedings, Maisano recommends parents appoint one person to act as both a financial and medical power of attorney.
Introduction
Appointing A Healthcare Agent
Optional Elements of A Proxy
- The proxy may also include a statement of the principal’s treatment wishes, limitations on the agent’s authority, the designation of an alternate agent, an expiration date or description of circumstances that trigger expiration, and the signature of the healthcare agent. These particulars are optional; not including them does not affect the legality of the proxy.
The Agent
- The agent must be over the age of 18; however, a person under 18 who is married or has a child can act as an agent.An individual who is already the healthcare agent of 10 or more principals may not be appointed, unless he or she is a relative of the principal. The operator, administrator, or employee of a hospital cannot act as the agent unless they are related to the principal.A physi…
Rights and Duties of An Agent
- The agent has authority to make any healthcare decisions that the principal could make, subject to any express limitations in the proxy.The agent must make decisions in accordance with the principal’s wishes, including their religious and moral beliefs. If the principal’s wishes are not reasonably known, and cannot be ascertained with reasonable di...
Obligations of The Healthcare Provider
- The statute also confers immunity from criminal and civil liability on providers who comply with the agent’s decisions A healthcare provider is obligated to comply with healthcare decisions made by the agent in good faith, to the same extent as if made by the principal. Private facilities or individual providers may refuse to comply with a decision (of the principal or the agent) that is c…
Reciprocity
- A healthcare proxy or similar instrument executed in another state or jurisdiction in accordance with its laws will be “considered validly executed” as a New York healthcare proxy.A New York healthcare proxy may not enjoy reciprocity in other states.
Relationship Between Health Care Proxies and Living Wills
- A living will is a document in which a competent adult sets out instructions regarding end-of-life medical treatment in the event the individual becomes unable to communicate instructions. Living wills do not appoint an agent to carry out those wishes. New York is one of few states that does not recognize living wills by statute;however, New York courts have consistently recognized the …
Endnotes
- *Rose Mary Bailly is a special consultant on aging law with the Government Law Center. Editorial assistance by Michele Monforte. See, e.g., Schloendorff v. Society of New York Hospital, 211 N.Y. 125, 129-30 (1914). N.Y. Pub. Health Law § 2805-d. Id. Id. 42 U.S.C. §§ 1395cc(f),1396a(w). N.Y. Pub. Health Law § 2981. N.Y. Pub. Health Law § 2980(4). In order to make decisions about nutri…