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Healthcare Proxy Lawyers

 
Legal Topics > Family > Wills, Trusts and Estates > Drafting Wills and Trusts

What is a Healthcare Proxy?

A healthcare proxy is a legal document in which one appoints an agent (otherwise known as proxy) to make medical decisions should that person be unable to do so because of either injury or illness. Usually, a healthcare proxy gives an appointed family member or someone outside the family (who is over 18) additional authority to make decisions about the person¿s health care.

Typically, a proxy is named in a living will (a document that states a person¿s intent to refuse medical treatment and to release healthcare providers from liability).

How Does a Healthcare Proxy Differ From a Living Will?

In a living will, a person specifies their wishes regarding the extent of life-sustaining treatment. This differs from a healthcare proxy, which assigns an agent, who has the authority to deal with any medical decision (not just life threatening situations) so that the agent can deal with circumstances not expressed in the person¿s living will.

How Does a Healthcare Proxy Work?

A patient has the right to make their own medical decisions. However, in the event that the attending physician determines that the patient lacks the capacity to make decisions, and a healthcare proxy exists, the document then goes into effect. 

What Should You Do if You Do Not Have a Healthcare Proxy?

Tragedy can strike at any time, and having a living will by itself may not cover all circumstance that might occur. Having a healthcare proxy can help prevent conflict and possible legal battles.

To designate a healthcare proxy, you should elect someone who can act as an advocate for you, and then express your wishes to them.  A lawyer in your area can advise you of the laws of your state and draft a proxy form in compliance with your wishes.

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