A health care proxy gives a trusted family member or close friend the legal right to make health care decisions on your behalf, when you are not able to do so because of illness or mental incapacity. This important estate planning document is called by different names—healthcare proxy, durable power of attorney for healthcare—but it’s fundamental purpose is the same.
The health care proxy is different than a living will, which is a document which directs your healthcare team in end of life choices and treatment during a terminal illness, if you become incapacitated. You may have both a living will and a health care proxy. If decisions must be made about resuscitation and life support, recording those wishes in a living will confirms and assists your agent in making those difficult decisions.
When you’re selecting a person to be your healthcare agent, find someone with whom you’re comfortable discussing health-related issues. Select a person you trust with your life and who will assume this responsibility if and when the time comes. Your agent must be your advocate, execute your wishes and make wise decisions, even when friends and family are telling them otherwise.
Here are some general guidelines for agents that you should avoid. Don’t choose:
- Your healthcare provider or the person who owns a health or residential facility in which you’re residing;
- A person whose job it is to medically evaluate you, such as a physician;
- A person who works for a government agency that is financially responsible for your care unless she’s a blood relative;
- The same person as your court-approved guardian or conservator; or
- A person who’s already a healthcare agent for more than 10 people.
It’s important to also name a backup agent, in the event that your medical power of attorney can’t make decisions on your behalf.
An experienced estate-planning attorney will ensure that you have the properly prepared documents in place to protect you and your family; in New York, that would be a health care proxy and a power of attorney for your finances, in addition to a last will and testament to distribute your assets. The estate planning attorney will also be able to explain the different strategies that are available to minimize tax liability and pass wealth along to the next generation.
To set up a consultation with one of our attorneys, contact our office at 718-238-6960.
Reference: Yahoo Finance (May 8, 2019) “How to Set Up Medical Power of Attorney”