In the second part of our series on Fiduciaries, we will explore the important role of the health care decision maker. This person may be called a Health Care Proxy, Health Care Directive, or Health Care Power of Attorney. In this post, I will refer to this person as a Health Care Proxy.
What is a Health Care Proxy?
A health care proxy allows you to appoint someone to make medical decisions for you if you are incapable of making decisions or communicating your own wishes. The person that you designate, will stand in your shoes, and make the decisions for you. The health care proxy is only allowed to act while you are incapable of making decisions. Given your condition, a health care proxy may need to decide whether you should have a ventilator, dialysis, tube feeding, blood transfusions, and other life- saving or life-prolonging options. For example, if you lapsed into a coma, for 24 hours but then awoke, your health care proxy would only have the power to make medical decisions for you during that 24 hour period.
Who should I choose as my Health Care Agent?
When choosing a health care agent, it is important that you pick someone that will honor your wishes. If you pick someone to be your agent, you should let them know how you feel about aggressive treatment when faced with a situation where you won’t recover.
Questions to ask the person that you want to appoint?
Here are a few questions to ask anyone that you consider appointing to serve as your Health Care Proxy or decision maker:
- Are they willing to serve as your health care proxy?
- You don’t expect them to become your caregiver but if you had a medical emergency would they be willing to visit you to assess the situation?
- If they do not live locally would they be able to come to visit you and get involved?
- Would they be willing to make sure your wishes are honored?
What if I don't have anyone to appoint?
Many seniors don't have any close family members or friends to appoint. If you don't have anyone to appoint, in some cases, elder law attorneys, geriatric care managers or social workers are willing to act in this role.
Why do I need a Health Care Proxy?
Without a health care proxy, if something unexpected happens to you and you can no longer make decisions for yourself regarding your health care, the court will need to appoint a guardian to make decisions for you. The decision will be out of your control. In some cases, a stranger could be appointed to make important life or death decisions for you. If you have a health care proxy document in place, but the person you named to serve for you is unable or unwilling to serve, a guardianship will be necessary, as someone will need legal authority to make decisions for you.
How can I get a Health Care Proxy document?
An elder law attorney can draft your health care proxy document for you. You may be able to find a form online or get a form from your doctor. However, it is important to make sure that it is executed properly, and you will need witnesses present when you sign.
Who should have a copy of my health care proxy?
Your health care agent and your physician should each have a copy of your health care proxy document and any advanced directives.
What is an advanced directive?
An advanced directive (also called "A Living Will") provides your health care agent with instructions on what type of care you would like. It provides greater details about your wishes regarding life support. An advanced directive, is a document that provides guidance to your health care agent. However, an advanced directive is not legally binding and it is not enough. It is important that you pick an agent you can trust to make decisions according to your wishes.
What is a "DNR" Order
A DNR says that if your heart stops or you stop breathing, medical professionals should not attempt to revive you. This is very different from a health care proxy, which only goes into effect if you are unable to communicate your wishes for care. Everyone can benefit from a health care proxy and advanced directives, while DNRs are only for very elderly and/or frail patients for whom it wouldn't make sense to administer CPR.
Choosing someone in the important fiduciary role of Health Care Proxy empowers you to ensure your medical wishes are honored, even in challenging circumstances. Please check back for the next part of our series, where we'll continue to discuss the important fiduciary role of the Power of Attorney. Proactive planning is the key to securing your future. Visit SoloAllies.com to find professionals who can help you thrive.