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What is a Health Care Proxy?
Most people like to be hands-on about their healthcare. Few people want doctors, nurses, or other healthcare professionals to make decisions for them and then act on those decisions without any discussion. In many instances, we can opt to change doctors and seek a second opinion if we’re unhappy with our current medical care. In some cases, though, that may not be an option. If you’re incapacitated in any way, such as in a car accident, due to some other kind of injury or illness, or due to the aging process, it’s essential you have a healthcare proxy.
A healthcare proxy is a trusted individual who can make healthcare decisions on your behalf if you are incapacitated. Ideally, a proxy will be someone with whom you have had in-depth conversations about your wishes for your own health, including treatment options and end-of-life care.
Although many people do not consider a proxy until they are older, proxies can be valuable for people of any age. A proxy is one of the only ways to guarantee your wishes regarding your healthcare will be respected and legally enforceable should you not be able to make those decisions yourself. This is why it’s vital to consult with one of our experienced attorneys to learn whether a proxy is right for them.
How is a Proxy Different from a Living Will?
Many people have heard of “living wills” or advanced directives. These are pre-determined instructions laying out what you want to happen regarding your healthcare under certain specific circumstances. These instructions may include a do not resuscitate (DNR) order instructing medical personnel not to revive you or organ donation wishes.
However, because they are pre-written, living wills and advance directives may not be right for everyone. These documents are often concerned with end-of-life care and instructions versus ongoing medical care. They also do not take into account changing, dynamic circumstances related to your healthcare.
For example, suppose you experience a stroke or fall into a coma after a car crash. Although you are not able to communicate your wishes, many people recover fully from these health conditions. In the meantime, you would want someone to consult with doctors and make decisions in your place. This is why a proxy is necessary.
Who Can Be a Health Care Proxy?
Almost anyone can be a proxy. One of the few restrictions is the person must be a legal adult. In many instances, you cannot choose a health care provider or primary care physician unless they are a family member. In most circumstances, you may choose anyone you feel would respect and carry out your wishes and who would make the choices you would make under the same circumstances. These individuals may include but are not necessarily limited to:
- A Family Member
- A Close Friend
- A Member of Your Religious Organization
- An Attorney or Legal Advisor
One of the most critical factors in choosing a proxy is making sure the person is someone who will act in accordance with your wishes. A proxy will be able to make crucial decisions regarding your health, future, and quality of life.
How Do I Choose a Health Care Proxy?
Choosing a healthcare proxy is a significant decision. In the event you are incapacitated, your life will be literally in their hands. This is why consulting an experienced attorney is necessary when selecting a proxy. An attorney can review potential candidates and help you come to the best decision.
It is generally best to choose someone who thinks well under pressure. Many health decisions must be made in the moment, where every second counts. This means your proxy should also be able to emotionally detach from an emergency situation. Those closest to us are often the least equipped to make crucial decisions under pressure. Emotions can easily get in the way. This is why it may be better for some to have a friend or member of their religious organization as their proxy.
It is also important to choose a proxy with a good general understanding of healthcare and who can converse easily with doctors and other healthcare professionals. A proxy does not have to be an expert in medical science, but someone who can easily understand and respond to doctors is imperative.
It is also best to choose someone with similar or identical views regarding healthcare, medical treatment, and end-of-life care. For example, if you do not want to be resuscitated but choose a proxy who believes a life should be saved at any cost, they may give contradictory instructions. Similarly, some religions have strict instructions regarding specific medical procedures such as blood transfusions. Your proxy must share your beliefs and morals.
Can I Designate an Attorney as a Proxy?
Many choose to designate their attorney or legal representative as their proxy. By appointing a neutral third party, you are selecting someone with no vested emotional interest in you and who doesn’t carry the sentimental “baggage” that may interfere with some people’s ability to make quick decisions.
Attorneys are also experienced in dealing with doctors and in handling high-stress situations. An attorney can also deal with any potential legal hurdles that arise as part of your ongoing care. Many people who designate a legal representative as their healthcare proxy also choose to grant them power of attorney.
Unlike a friend or family member, an attorney will function as your employee, which means their primary consideration will be fulfilling their job duties. This can prevent emotions, old grudges, hurt feelings, or sentimentality from interfering with your quality of care.
What Should I Do if I Want to Designate a Health Care Proxy?
Designating a healthcare proxy can be one of the most important decisions you ever make. This is why the decision should not be made lightly. If you or a loved one are considering selecting a healthcare proxy, don’t hesitate to contact one of the compassionate and dedicated attorneys at Davidov Law Group today. We understand how vulnerable discussing proxies and medical care can be. We work with each client to outline their healthcare wishes and needs. Our team can help compile a list of potential candidates for your healthcare proxy and review the list to determine who is best suited and most trustworthy to meet your needs.
Everyone wants to be involved in their own health care, but sometimes, that may not be possible. A health care proxy can act on our behalf, so it’s like you’re still making your own decisions. Don’t hesitate to call one of our attorneys at Davidov Law Group today at 516-253-1366 to schedule your complimentary consultation.
