Making informed decisions about future health care
Why Is a Health Care Proxy an Important Part of Any Massachusetts Estate Plan?
Some people assume that health care proxy is only for older adults and those with chronic illnesses. A health care proxy is important for all adults because unexpected medical emergencies can occur at any age. You could lose control over your health care in the event of an incapacitated state if you don’t have a health proxy. A health care proxy can be used in conjunction with other estate-planning documents to protect your health and financial security in the event of an unthinkable situation where you are unable to make decisions for yourself. By consulting with our knowledgeable
Massachusetts health care proxy attorney, you can ensure that you have a legal document that chooses the person you want to make health care decisions for you if you can’t. It’s never too soon to establish a health-care proxy. Taking this step now can provide invaluable peace of mind for you and your loved ones in the future.
What is a Health Care Proxy?
Established under
MGL c. 201D , a health care proxy is a legal document that grants authority to a person of your choosing, known as your health care agent, to make medical decisions for you if you can’t do so yourself. Your proxy becomes active only when a doctor determines you are medically incapacitated, or otherwise unable communicate your health care preferences. This could be when you’re in a coma, or unconscious. Your agent will then be able to receive all medical information about your condition from your medical staff and make independent decisions for you. How do I create a health care proxy?To set up a valid health-care proxy, you need to be of sound mind. You must also name the person who you want to make decisions about your health care (your agent) as well as any alternates. You can limit your agent’s authority to make decisions if you want to. Limiting your agent’s power could make it harder for them to react in unexpected situations. You’ll need at least two witnesses to sign the form and confirm that you are able to make this decision. It’s important to note that, unlike some legal documents, a health care proxy in Massachusetts doesn’t require notarization.
After completion, distribute copies of the signed form to your agent, alternate agents, family members, and health care providers. You can revoke a proxy by creating a new document, telling your doctor, agent, or health care provider orally or in written form that it’s been revoked, or by doing anything that shows that you want to revoke it, such as tearing up the proxy or destroying it, crossing it out or telling other people. If your agent was your spouse and you get divorced or legally separated, the proxy is automatically revoked.
Who Should You Appoint as Your Agent?
Selecting the right person to serve as your health care agent is crucial because they will shoulder a significant responsibility that can be emotionally taxing. Your agent may be required to make difficult decisions based on what they think is best for you and your wishes. This is a very important role and the person you choose should be someone who you can trust, who understands and respects your values, health care preferences and who can make difficult decisions under pressure.
Any competent adult over 18 can act as your agent. You cannot appoint an employee of a facility in which you are receiving care as your agent, unless they are a family member. Many people choose close family members such as an adult child or spouse to act as their agent, but others may prefer to place this responsibility on a trusted friend to spare their family members from having to make potentially heart-wrenching choices.
Narrowing your list of possible agents to one primary health care proxy and one alternate proxy requires careful thought. Discuss your plans with those you are considering to make sure they feel comfortable in this role. When choosing your agent, you should think honestly about how the person meets the following criteria:
Reliability and availability on short notice
Deep understanding of your health care wishes
- Shared views on important values OR the ability to act in accordance with your wishes, even if their views are dissimilar
- Ability to handle disagreements and conflicting opinions from family, friends, and health care providers
- Proximity to your location or willingness to travel if needed
- Emotional stability to make tough decisions in stressful situations without experiencing severe trauma or guilt
- What Information Should You Share With Your Health Care Proxy?
- While a health care proxy designates who will make decisions for you, providing clear guidance on your health care preferences can be equally important as it gives your agent a framework for making these crucial choices. This information will help you ensure that your care is in line with your values and wishes. You may consider addressing the following points:
Your preferences regarding life-sustaining treatments like feeding tubes
Specific medical procedures you would or wouldn’t want
- Your views on pain management and end-of-life care
- Any religious or cultural considerations that should guide your care
- Your wishes regarding organ donation
- Individuals you would or would not like your agent to consult when making difficult decisions, such as clergy, specific family members, or friends
- Although this information can be very beneficial for your agent to possess in writing, you’re not required to provide it in your health care proxy form. Your agent or medical providers are not legally bound by any requests you make. They can make decisions that they feel are in your best interest at the time. Why Consult an Experienced Attorney for Health Care Proxy?
- An experienced health care proxy attorney is a vital component of your estate planning. It gives you peace of mind and ensures that your health care wishes will be respected. It also relieves your family members of the burden of having to make difficult medical decisions without guidance. We at the Heritage Law Center understand that these topics can be difficult and uncomfortable. Our lawyer will guide you through the selection of a health care agent and help you to articulate your health preferences. We can also ensure that your health proxy is compliant with Massachusetts law and integrated with your estate plan. Call our Woburn office at 617-765-9207 to learn more.
