Are you 18 or older? Then you need an advance directive. If you experience a serious medical event and can’t express your wishes, an advance directive can ensure the care you receive is in line with your wishes. Healthcare proxies are a critical part of advance directives.
Planning for the Unthinkable
The case of Terri Schiavo is a cautionary tale of what can happen when a person’s wishes are not known. According to Mayo Clinic Proceedings, Terri experienced cardiac arrest in 1990 and never regained consciousness. In 1998, her husband Michael, who had been appointed her guardian, petitioned to have her feeding tube removed. Terri’s parents objected, claiming that she would have wanted to be kept alive. A lengthy and highly contentious legal battle followed, involving multiple appeals and controversial legislation. Terri died in 2005.
Even if you’re healthy now, that could change in an instant. A car crash, bicycling accident, or even just a slip on an icy pavement could result in a serious injury that leaves you incapacitated. Strokes, severe allergic reactions and other health conditions can render a person incapacitated.
If you were incapacitated, would your loved ones know what you want for your care? Or would they fight over what they think you would have wanted? Would they suffer guilt over difficult decisions that they are forced to make?
By making your wishes clear through incapacity planning, you can prevent the bitter disputes and second-guessing that can occur when loved ones have to make difficult decisions. Naming a healthcare proxy is one key part of incapacity planning.
What Is a Healthcare Proxy?
A healthcare proxy is also called a medical power of attorney. If you are unable to make medical decisions for yourself, your healthcare proxy has the authority to make decisions on your behalf. This could be necessary under a number of circumstances, such as the following:
- You fall into a coma after a severe injury. There are several care options available, and each one has pros and cons.
- You have a stroke and cannot communicate. Although you are conscious, you are unable to understand others or express your thoughts.
- You are undergoing surgery. During surgery, doctors encounter an unexpected issue and need to make a decision, but you are under anesthesia and thus unable to communicate your wishes.
Why You Need Both a Living Will and a Healthcare Proxy
A healthcare proxy is a key part of an advance directive. The other part is a living will, a document that outlines your wishes regarding medical care if you are unable to make decisions for yourself.
A living will can cover many decisions, such as whether you would want to stay on life support if it would only delay your death with no real chance of recovery. However, some questions may come up that you could not have anticipated and will therefore not be covered in your living will. For example, doctors may have a new treatment that can be provided, but it comes with risks or other drawbacks. A healthcare proxy can navigate new issues as they unfold and make decisions that reflect your beliefs and best interests.
Naming a Healthcare Proxy
Advance directives are subject to state law, but in general, any competent adult can be named a healthcare proxy. It’s common to pick a spouse, relative or close friend.
- Consider your shared values. Your healthcare proxy may need to make decisions on your behalf, and you want those decisions to reflect your values. This can be easier if you and your healthcare proxy share similar values.
- Discuss your wishes. You need to tell your healthcare proxy what you would want in different circumstances so they can follow your wishes. This knowledge can also give them confidence to make decisions without second-guessing themselves.
- Name a backup. In case your healthcare proxy is unavailable, you may want a backup proxy.
- Make it official. To make sure your wishes are followed and to avoid disputes, it’s important to make your healthcare proxy official. An estate planning lawyer can help you fill out the necessary paperwork.
Are you ready to take the important step of naming a healthcare proxy? Skinner Law can help you put together an advance directive that will make your wishes clear and prevent disputes if you are ever incapacitated. Learn more.