Legal News: Healthcare Proxy Explained

What is a HEALTHCARE PROXY?

When mental incapacity arises, attention is often directed to the asset management problems, but equal and sometimes greater problems related to health care decisions are also presented. Perhaps too much attention had been placed on the ultimate decision of terminating life-support systems.

That is a decision you must make for yourself and you might decide, on the contrary, that your agent should make every effort to keep you alive. However, there are many other decisions which you should be considering as they relate to your personal care during a disability which have nothing to do with death, but which are important to your care during the long-term disability.

Examples of Authority Usually Granted in a Health Care Proxy:

  1. To have access to any and all medical and related information and records.
  2. To disclose your medical and related information to others.
  3. To employ and discharge medical and related personnel on your behalf.
  4. To consent or refuse to consent to medical care, on your behalf.
  5. To consent or refuse to consent to psychiatric care, including the right to voluntarily commit you to a psychiatric care facility if it becomes necessary.
  6. To provide you with appropriate relief from pain.
  7. To arrange for your care and lodging in a hospital, nursing home, or hospice.
  8. To do anything else which may be appropriate in your sepcific circumstances which you should be prepared to state explicitly.