What is a Healthcare Proxy and What Do They Do?

Reviewed by Jennifer L. Fredeman, Esq.

Simply put, a healthcare proxy is someone whom you empower to make healthcare decisions for you if you are incapacitated. You need to fill out official documents, like a healthcare power of attorney, and ensure that everything is legally binding. A power of attorney lawyer from our firm can help you with that and every other part of your estate plan. Unfortunately, there is no way to ensure that we will remain of sound mind until the day we pass away, which is whyit’s important to have a plan in place in the event you are unable to make your own decisions, including medical care. As such, appointing someone to serve as your medical power of attorney is an important, and often overlooked, aspect of the estate planning process. As such, if you are considering beginning this process, working with an experienced Rockland County power of attorney lawyer is in your best interest. 

Why Do I Need a Healthcare Proxy?

You need a healthcare proxy because you may be incapacitated at some point, unable to make decisions for yourself. There could be multiple treatment options to choose from or surgeries to consent to. If you are, let’s say, in a coma, how can you handle these things?

You can’t, so your healthcare proxy can handle these decisions for you. They can choose your healthcare provider, what treatments you receive, and where you receive them. So you need to be sure that this is a person that you can trust, someone who is going to have your best interests in mind. When you name someone your agent using this type of medical directive, you are giving them the authority to make critical health choices.

Healthcare Choices a Power of Attorney Agent Can Make

• Choosing a doctor or hospital
• Deciding whether you should get surgery or another type of treatment
• What kinds of tests and exams you should be subject to
• How aggressively a disease should be treated
• Weighing whether or not to disconnect life support

These are all big decisions, so it is important to think hard about who could best express your wishes for you if you cannot.

What Happens When I Don’t Have a Healthcare Proxy?

If you do not have a healthcare proxy, your family might end up fighting about your treatments. Maybe one family member doesn’t like the hospital you’re in, so they want you to be moved elsewhere. Maybe your loved ones cannot agree that you should go through with a prescribed surgery. In some situations, these conflicts can even lead to court battles. This could cost you valuable time and make it harder for you to get the treatment that you need.

When you have a proxy, that puts a stop to any infighting. They are in charge now. Your loved ones can voice their concerns, but the final decisions all come down to the person you selected. They have to do what they can to ensure that your wishes are followed as accurately as possible.

Can I Change My Healthcare Proxy?

You can change your healthcare proxy at any time. If you had your spouse as your proxy and you get divorced, it’s probably a good idea to get a new healthcare proxy. You want your proxy to make you a priority, so if you have a falling out with them, it’s probably wise to choose a new one no matter what their relationship to you was.

You can also name an alternate proxy. If something happens and your proxy is unable to fulfill their duties, you have a backup who can help protect your interests and make sure that your wishes are not ignored.

It’s important to understand that providing someone with medical power of attorney does not mean they can automatically begin making your medical decisions for you. They are only able to do so in the event you become incapacitated, such as falling into a coma or becoming impacted by a degenerative brain disease. As long as you are of sound mind, you are still able to make your own medical decision after giving someone else medical power of attorney, and you can revoke their status at any time. 

How Do I Assign Medical Power of Attorney in New York?

It’s important to understand that there is a formal process in order to grant someone medical power of attorney in Rockland County and throughout New York. It’s important to understand that you are also able to appoint an alternate agent in the event the person you originally granted this power to is unable to fulfill their duties. Finally, you can set a date on which the agreement would expire. If you do not set a date, this person would keep this responsibility indefinitely.

You can leave some instructions on the form and consent to organ donation. You also need two witnesses, neither of which were named your agent or alternate agents earlier, to sign. If you have any confusion about the process, one of our attorneys will be glad to assist you.

Talk to Our Estate Planning Lawyers

Picking out a healthcare proxy that you can depend on is important, so do not delay just because you’re not a big fan of filling out paperwork. Choosing the right person to give your medical power of attorney to is a big decision. Contact the Lauterbach Law Firm today and schedule an appointment with our estate planning lawyers. We’ll help you with your healthcare power of attorney and anything else that you need.