Health Care Decision Making: Health Care Proxies & Living Wills
Why do you need a Health Care Proxy?
A Health Care Proxy allows you to designate someone to make health care
decisions on your behalf when you become incapable of making such decisions
on your own. However, a Health Care Agent may not act or make decisions
on your behalf, regarding your finances.
If you do not designate someone to act as your Health Care Agent, and
you become incapacitated, there may be a delay or even a standstill in
your care and treatment. If the hospital staff does not know which family
member to listen to, the hospital will require a Guardian to make the
decisions. When can my agent make decisions for me?
Your Health Care Proxy only takes effect at such time as you become incapacitated.
So, your agent may not make decisions for you while you have capacity
to do so for yourself.
Why should you have a Living Will?
The Living Will is the instruction manual for your Health Care Agent.
The Living Will sets forth your wishes. It indicates to your agent and
medical staff the care and treatment that you would or would not want.
Again, this only takes effect at the time when you cannot make the decisions
on your own (i.e. incapacity).Other Information
We recommend that all of our clients execute a Health Care Proxy and
Living Will. We also encourage clients to discuss their health care wishes
with their physicians and family members prior to executing these documents.
If you have any questions regarding Health Care Proxies or Living Wills,
please contact our office or someone else experienced in this area.
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