Article Structure
The Health Care Proxy form represents a crucial legal tool available to residents of New York State, facilitating the appointment of a trusted individual—often a family member or close friend—to make health care decisions on one’s behalf in the event of incapacitation. This form ensures that individuals maintain control over their medical treatment even when they are unable to articulate their wishes. The appointed health care agent possesses the authority to make decisions about a wide range of medical treatments, including life-sustaining measures, as long as these decisions align with the individual’s documented preferences. This flexibility is a vital aspect, as the agent can respond to changing medical conditions while adhering to the specific instructions provided by the individual. Importantly, health care providers are required by law to treat the agent's decisions with the same authority as if they were being made by the individual. Furthermore, the Health Care Proxy form allows for customization; individuals can specify which types of treatments they wish to accept or reject, ensuring their values and beliefs guide the decision-making process. It is essential to understand that appointing a health care agent is a voluntary act, and while the form does not necessitate legal representation for completion, clear communication with the chosen agent about one's health care preferences is strongly advised. This enhances the agent’s ability to effectively support the individual’s health care needs should the necessity arise.
Health Care Proxy Example
Health Care Proxy
Appointing Your Health Care Agent in New York State
The New York Health Care Proxy Law allows you to appoint someone you trust — for example, a family member or close friend – to make health care decisions for you if you lose the ability to make decisions yourself. By appointing a health care agent, you can make sure that health care providers follow your wishes. Your agent can also decide how your wishes apply as your medical condition changes. Hospitals, doctors and other health care providers must follow your agent’s decisions as if they were your own. You may give the person you select as your health care agent as little or as much authority as you want. You may allow your agent to make all health care decisions or only certain ones. You may also give your agent instructions that he or she has to follow. This form can also be used to document your wishes or instructions with regard to organ and/or tissue donation.
About the Health Care Proxy Form
This is an important legal document. Before signing, you should understand the following facts:
1.This form gives the person you choose as your agent the authority to make all health care decisions for you, including the decision to remove or provide
2.Unless your agent reasonably knows your wishes about artificial nutrition and hydration (nourishment and water provided by a feeding tube or intravenous line), he or she will not be allowed to refuse or consent to those measures for you.
3.Your agent will start making decisions for you when your doctor determines that you are not able to make health care decisions for yourself.
4.You may write on this form examples of the types of treatments that you would not desire and/ or those treatments that you want to make sure you receive. The instructions may be used to limit the
5.You do not need a lawyer to fill out this form.
6.You may choose any adult (18 years of age or older), including a family member or close friend, to be your agent. If you select a doctor as your agent, he or she will have to choose between acting as your agent or as your attending doctor because a doctor cannot do both at the same time. Also, if you are a patient or resident of a hospital, nursing home or mental hygiene facility, there are special restrictions about naming someone who works for that facility as your agent. Ask staff at the facility to explain those restrictions.
7.Before appointing someone as your health care agent, discuss it with him or her to make sure that he or she is willing to act as your agent. Tell the person you choose that he or she will be your health care agent. Discuss your health care wishes and this form with your agent. Be sure to give him or her a signed copy. Your agent cannot be sued for health care decisions made in good faith.
8.If you have named your spouse as your health care agent and you later become divorced or legally separated, your former spouse can no longer be your agent by law, unless you state otherwise. If you would like your former spouse to remain your agent, you may note this on your current form and date it or complete a new form naming your former spouse.
9.Even though you have signed this form, you have the right to make health care decisions for yourself as long as you are able to do so, and treatment cannot be given to you or stopped if you object, nor will your agent have any power to object.
10.You may cancel the authority given to your agent by telling him or her or your health care provider orally or in writing.
11.Appointing a health care agent is voluntary. No one can require you to appoint one.
12.You may express your wishes or instructions regarding organ and/or tissue donation on this form.
Frequently Asked Questions
Why should I choose a health care agent?
If you become unable, even temporarily, to make health care decisions, someone else must decide for you. Health care providers often look to family members for guidance. Family members may express what they think your wishes are related to a particular treatment. Appointing an agent lets you control your medical treatment by:
•allowing your agent to make health care decisions on your behalf as you would want them decided;
•choosing one person to make health care decisions because you think that person would make the best decisions;
•choosing one person to avoid conflict or confusion among family members and/or significant others.
You may also appoint an alternate agent to take over if your first choice cannot make decisions for you.
Who can be a health care agent?
Anyone 18 years of age or older can be a health care agent. The person you are appointing as your agent or your alternate agent cannot sign as a witness on your Health Care Proxy form.
How do I appoint a health care agent?
All competent adults, 18 years of age or older, can appoint a health care agent by signing a form called a Health Care Proxy. You don’t need a lawyer or a notary, just two adult witnesses. Your agent cannot sign as a witness. You can use the form printed here, but you don’t have to use this form.
When would my health care agent begin to make health care decisions for me?
Your health care agent would begin to make health care decisions after your doctor decides that you are not able to make your own health care decisions. As long as you are able to make health care decisions for yourself, you will have the right to do so.
What decisions can my health care agent make?
Unless you limit your health care agent’s authority, your agent will be able to make any health care decision that you could have made if you were able to decide for yourself. Your agent can agree that you should receive treatment, choose among different treatments and decide that treatments should not be provided, in accordance with your wishes and interests. However, your agent can only make decisions about artificial nutrition and hydration (nourishment and water provided by feeding tube or intravenous line) if he or she knows your wishes from what you have said or what you have written. The Health Care Proxy form does not give your agent the power to make non- health care decisions for you, such as financial decisions.
Why do I need to appoint a health care agent if I’m young and healthy?
Appointing a health care agent is a good idea even though you are not elderly or terminally ill. A health care agent can act on your behalf if you become even temporarily unable to make your own health care decisions (such as might occur if you are under general anesthesia or have become comatose because of an accident). When you again become able to make your own health care decisions, your health care agent will no longer be authorized to act.
How will my health care agent make decisions?
Your agent must follow your wishes, as well as your moral and religious beliefs. You may write instructions on your Health Care Proxy form or simply discuss them with your agent.
Frequently Asked Questions, continued
How will my health care agent know my wishes?
Having an open and frank discussion about your wishes with your health care agent will put him or her in a better position to serve your interests. If your agent does not know your wishes or beliefs, your agent is legally required to act in your best interest. Because this is a major responsibility for the person you appoint as your health care agent, you should have a discussion with the person about what types of treatments you would or would not want under different types of circumstances, such as:
•whether you would want life support initiated/continued/removed if you are in a permanent coma;
•whether you would want treatments initiated/continued/removed if you have a terminal illness;
•whether you would want artificial nutrition and hydration initiated/withheld or continued or withdrawn and under what types of circumstances.
Can my health care agent overrule my wishes or prior treatment instructions?
No. Your agent is obligated to make decisions based on your wishes. If you clearly expressed particular wishes, or gave particular treatment instructions, your agent has a duty to follow those wishes or instructions unless he or she has a good faith basis for believing that your wishes changed or do not apply to the circumstances.
Who will pay attention to my agent?
All hospitals, nursing homes, doctors and other health care providers are legally required to provide your health care agent with the same information that would be provided to you and to honor the decisions by your agent as if they were made by you. If a hospital or nursing home objects to some treatment options (such as removing certain treatment) they must tell you or your agent BEFORE or upon admission, if reasonably possible.
What if my health care agent is not available when decisions must be made?
You may appoint an alternate agent to decide for you if your health care agent is unavailable, unable or unwilling to act when decisions must be made. Otherwise, health care providers will make health care decisions for you that follow instructions you gave while you were still able to do so. Any instructions that you write on your Health Care Proxy form will guide health care providers under these circumstances.
What if I change my mind?
It is easy to cancel your Health Care Proxy, to change the person you have chosen as your health care agent or to change any instructions or limitations you have included on the form. Simply fill out a new form. In addition, you may indicate that your Health Care Proxy expires on a specified date or if certain events occur. Otherwise, the Health Care Proxy will be valid indefinitely. If you choose your spouse as your health care agent or as your alternate, and you get divorced or legally separated, the appointment is automatically cancelled. However, if you would like your former spouse to remain your agent, you may note this on your current form and date it or complete a new form naming your former spouse.
Can my health care agent be legally liable for decisions made on my behalf?
No. Your health care agent will not be liable for health care decisions made in good faith on your behalf. Also, he or she cannot be held liable for costs of your care, just because he or she is your agent.
Frequently Asked Questions, continued
Is a Health Care Proxy the same as a living will?
No. A living will is a document that provides specific instructions about health care decisions. You may put such instructions on your Health Care Proxy form. The Health Care Proxy allows you to choose someone you trust to make health care decisions on your behalf. Unlike a living will, a Health Care Proxy does not require that you decide in advance decisions that may arise. Instead, your health care agent can interpret your wishes as medical circumstances change and can make decisions you could not have known would have to be made.
Where should I keep my Health Care Proxy form after it is signed?
Give a copy to your agent, your doctor, your attorney and any other family members or close friends you want. Keep a copy in your wallet or purse or with other important papers, but not in a location where no one can access it, like a safe deposit box. Bring a copy if you are admitted to the hospital, even for minor surgery, or if you undergo outpatient surgery.
May I use the Health Care Proxy form to express my wishes about organ and/or tissue donation? Yes. Use the optional organ and tissue donation section on the Health Care Proxy form and be sure to have the section witnessed by two people. You may specify that your organs and/or tissues be used for transplantation, research or educational purposes. Any limitation(s) associated with your wishes should be noted in this section of the proxy. Failure to include your wishes and instructions on your Health Care Proxy form will not be taken to mean that you do not want to be an organ and/or tissue donor.
Can my health care agent make decisions for me about organ and/or tissue donation? Yes. As of August 26, 2009, your health care agent is authorized to make decisions after your death, but only those regarding organ and/or tissue donation. Your health care agent must make such decisions as noted on your Health Care Proxy form.
Who can consent to a donation if I choose not to state my wishes at this time?
It is important to note your wishes about organ and/or tissue donation to your health care agent, the person designated as your decedent’s agent, if one has been appointed, and your family members. New York Law provides a list of individuals who are authorized to consent to organ and/ or tissue donation on your behalf. They are listed in order of priority: your health care agent; your decedent’s agent; your spouse, if you are not legally separated, or your domestic partner; a son or daughter 18 years of age or older; either of your parents; a brother or sister 18 years of age or older; a guardian appointed by a court prior to the donor’s death; or another person authorized to dispose of the body.
Health Care Proxy Form Instructions
Item (1)
Write the name, home address and telephone number of the person you are selecting as your agent.
Item (2)
If you want to appoint an alternate agent, write the name, home address and telephone number of the person you are selecting as your alternate agent.
Item (3)
Your Health Care Proxy will remain valid indefinitely unless you set an expiration date or condition for its expiration. This section is optional and should be filled in only if you want your Health Care Proxy to expire.
Item (4)
If you have special instructions for your agent, write them here. Also, if you wish to limit your agent’s authority in any way, you may say so here or discuss them with your health care agent. If you do not state any limitations, your agent will be allowed to make all health care decisions that you could have made, including the decision to consent to or refuse life- sustaining treatment.
If you want to give your agent broad authority, you may do so right on the form. Simply write: I have discussed my wishes with my health care agent and alternate and they know my wishes including those about artificial nutrition and hydration.
If you wish to make more specific instructions, you could say:
If I become terminally ill, I do/don’t want to receive the following types of treatments....
If I am in a coma or have little conscious understanding, with no hope of recovery, then I do/don’t want the following types of treatments:....
If I have brain damage or a brain disease that makes me unable to recognize people or speak and there is no hope that my condition will improve, I do/don’t want the following types of treatments:....
I have discussed with my agent my wishes about____________ and I want my agent
to make all decisions about these measures.
Examples of medical treatments about which you may wish to give your agent special instructions are listed below. This is not a complete list:
•artificial respiration
•artificial nutrition and hydration (nourish- ment and water provided by feeding tube)
•cardiopulmonary resuscitation (CPR)
•antipsychotic medication
•electric shock therapy
•antibiotics
•surgical procedures
•dialysis
•transplantation
•blood transfusions
•abortion
•sterilization
Item (5)
You must date and sign this Health Care Proxy form. If you are unable to sign yourself, you may direct someone else to sign in your presence. Be sure to include your address.
Item (6)
You may state wishes or instructions about organ and /or tissue donation on this form. New York law does provide for certain individuals in order of priority to consent to an organ and/or tissue donation on your behalf: your health care agent, your decedent’s agent, your spouse , if you are not legally separated, or your domestic partner, a son or daughter 18 years of age or older, either of your parents, a brother or sister 18 years of age or older,
a guardian appointed by a court prior to the donor’s death.
Item (7)
Two witnesses 18 years of age or older must sign this Health Care Proxy form. The person who is appointed your agent or alternate agent cannot sign as a witness.
Health Care Proxy
(1)I,
hereby appoint
(name, home address and telephone number)
as my health care agent to make any and all health care decisions for me, except to the extent that I state otherwise. This proxy shall take effect only when and if I become unable to make my own health care decisions.
(2)Optional: Alternate Agent
If the person I appoint is unable, unwilling or unavailable to act as my health care agent, I hereby appoint
(name, home address and telephone number)
as my health care agent to make any and all health care decisions for me, except to the extent that I state otherwise.
(3)Unless I revoke it or state an expiration date or circumstances under which it will expire, this proxy shall remain in effect indefinitely. (Optional: If you want this proxy to expire, state the date or conditions here.) This proxy shall expire (specify date or conditions):
(4)Optional: I direct my health care agent to make health care decisions according to my wishes and limitations, as he or she knows or as stated below. (If you want to limit your agent’s authority to make health care decisions for you or to give specific instructions, you may state your wishes or limitations here.) I direct my health care agent to make health care decisions in accordance with the following limitations and/or instructions (attach additional pages
as necessary):
In order for your agent to make health care decisions for you about artificial nutrition and hydration (nourishment and water provided by feeding tube and intravenous line), your agent must reasonably know your wishes. You can either tell your agent what your wishes are or include them in this section. See instructions for sample language that you could use if you choose to include your wishes on this form, including your wishes about artificial nutrition and hydration.
(5) Your Identification (please print)
Your Name
Your Signature |
|
Date |
||
Your Address |
|
|
|
|
(6) Optional: Organ and/or Tissue Donation
I hereby make an anatomical gift, to be effective upon my death, of: (check any that apply)
■
Any needed organs and/or tissues ■
The following organs and/or tissues
■
Limitations
If you do not state your wishes or instructions about organ and/or tissue donation on this form, it will not be taken to mean that you do not wish to make a donation or prevent a person, who is otherwise authorized by law, to consent to a donation on your behalf.
Your Signature |
|
Date |
(7)Statement by Witnesses (Witnesses must be 18 years of age or older and cannot be the health care agent or alternate.)
I declare that the person who signed this document is personally known to me and appears to be of sound mind and acting of his or her own free will. He or she signed (or asked another to sign for him or her) this document in my presence.
Witness 1 Date Name (print) Signature Address
Witness 2 Date Name (print) Signature Address
Department
of Health
1430 |
11/17 |
Form Characteristics
| Fact Name | Description | Governing Law |
|---|---|---|
| Authority to Make Decisions | The Health Care Proxy form allows your designated agent to make all health care decisions, including life-sustaining treatments, on your behalf if you cannot make them. | New York Health Care Proxy Law |
| Starting Action | Your agent begins to make decisions when a doctor deems you unable to make health care decisions yourself. | New York Health Care Proxy Law |
| Limitations on Authority | Without your prior knowledge of your wishes, your agent cannot refuse or consent to artificial nutrition and hydration. | New York Health Care Proxy Law |
| Voluntary Appointment | Choosing a health care agent is completely voluntary. You are not required to appoint one. | New York Health Care Proxy Law |
| Organ Donation Wishes | You can express your wishes regarding organ and tissue donation in the Health Care Proxy form, and your agent has the authority to make decisions about this after your death. | New York Health Care Proxy Law |
Guidelines on Utilizing Health Care Proxy
Filling out a Health Care Proxy form is an essential step in ensuring your medical wishes are respected in the event that you are unable to make decisions for yourself. The process is straightforward, designed to empower you with the ability to appoint someone you trust to manage your health care decisions. Careful consideration, clear communication, and attention to detail will ensure that your appointed agent understands your wishes.
- Download or obtain the Health Care Proxy form. You can find the form online or request a hard copy from your health care provider.
- Designate your health care agent. Choose someone you trust, at least 18 years old, to make decisions on your behalf. Discuss your choice with your agent to ensure they are willing to accept this responsibility.
- Fill in your agent’s information. Provide their name, address, and contact details on the form.
- Consider any specific instructions. If there are certain treatments you do not want or want to ensure, write down these instructions in the designated area on the form.
- Sign and date the form. Your signature verifies that the information you provided is accurate and that you understand what you are authorizing.
- Gather witnesses. You need at least two adult witnesses who are not your agent or alternate agent. They must be present at the same time when you sign the form.
- Distribute copies. Provide signed copies to your health care agent, doctor, and any family members you want to be aware of your health care preferences. Keep a copy for yourself in a safe but accessible place.
Once completed and distributed, your Health Care Proxy form will allow your designated agent to act on your behalf regarding health care decisions. Periodically review and update your proxy as needed, particularly if your health situation or personal relationships change.
What You Should Know About This Form
Why should I choose a health care agent?
If you become unable to make health care decisions for yourself, having a trusted person makes a difference. Health care providers often refer to family members for insight into your wishes, which can lead to confusion or conflict. By appointing a health care agent, you ensure that your decisions are made the way you would want. This choice helps simplify the process for everyone involved, giving one person the authority to act on your behalf. You can even appoint an alternate agent in case your first choice cannot make decisions for you.
How do I appoint a health care agent?
To appoint a health care agent, you need to fill out a Health Care Proxy form. Anyone who is at least 18 years old can be appointed. You don’t need a lawyer or notary; just two adult witnesses will suffice. Make sure the person you choose does not sign as a witness. You can use the form provided or create your own, as long as it contains the necessary information.
What decisions can my health care agent make?
Unless you limit their authority, your health care agent can make any health care decision you could make if you were able. This includes agreeing to treatments, choosing among different options, or even deciding to withhold certain treatments. However, your agent can only refuse artificial nutrition and hydration if they know your wishes regarding them. Remember, the Health Care Proxy form does not give your agent the authority to make non-health care decisions, such as financial ones.
What if I change my mind?
Changing your health care agent or your instructions is straightforward. You can fill out a new form to cancel your current Health Care Proxy, change agents, or modify any instructions. Indicate if you want the proxy to expire on a certain date or after specific events. Keep in mind that if you appointed your spouse as your agent and later divorce, that appointment is automatically canceled unless you state otherwise.
Common mistakes
When filling out the Health Care Proxy form, many individuals make common mistakes that can lead to complications later. Recognizing these errors can help ensure that your wishes are respected and that your agent acts in your best interest.
One frequent mistake is failing to have a meaningful conversation with the chosen health care agent. Discussing your health care wishes in detail is crucial. Without this understanding, your agent may struggle to make decisions that align with your desires when the time comes. In some cases, individuals assume their loved ones know their preferences, which can lead to confusion in critical moments.
Another error involves not clearly specifying the scope of authority granted to the health care agent. The form allows you to limit the decision-making power of your agent or provide specific instructions related to treatments. Omitting these details can give your agent broad authority, potentially leading to decisions that you would not have wanted.
Some people mistakenly select an agent without considering their willingness to take on the responsibility. It is essential to first discuss your choice with the individual to ensure they are comfortable making such decisions. Selecting an agent who feels prepared can ease the burden during stressful times.
A lack of awareness about legal requirements is another mistake that can complicate matters down the line. For instance, designating a doctor as your agent conflicts with the requirement that a healthcare provider cannot serve in both roles simultaneously. Understanding these restrictions helps prevent unintended issues from arising.
Another common misstep includes not addressing changes in relationship status. For example, if an individual chooses their spouse as their health care agent but later divorces, the former spouse will no longer have authority by law unless expressly stated otherwise. Not updating this information promptly could lead to unwanted outcomes.
People often forget to deliver copies of the signed Health Care Proxy form to relevant parties. It's vital to provide copies to your agent, doctor, and family members. Keeping your agent informed is important so that they can act efficiently when it matters most.
Additionally, failing to review the document periodically can lead to disarray. Your health care wishes may evolve over time due to changing circumstances or new medical information. Regularly revisiting the form ensures it accurately reflects your current preferences.
Lastly, some individuals neglect to utilize the optional section of the form for specifying wishes regarding organ and tissue donation. This omission can prevent your agent from making decisions that align with your values. Including these specific instructions not only informs your agent but also guides healthcare providers in case such a situation arises.
Documents used along the form
When completing a Health Care Proxy form, several other documents may also be useful to ensure that your health care wishes are clearly understood and respected. These forms help convey different aspects of your health care preferences, legal standings, or financial matters.
- Living Will: This document outlines your specific health care wishes, particularly regarding medical treatments you would or would not want should you become incapacitated. It works alongside the Health Care Proxy by providing details that your agent can follow.
- Power of Attorney: This legal document allows you to appoint someone to make financial or legal decisions on your behalf. Unlike a Health Care Proxy, which focuses only on medical decisions, a Power of Attorney covers broader areas.
- Do Not Resuscitate Order (DNR): A DNR is a specific order indicating that you do not wish to have CPR performed if your heart stops beating or you stop breathing. This document must be signed by a physician and is important for medical staff to respect your wishes in emergency situations.
- Organ Donation Registration: This document records your wishes concerning organ and tissue donation after death. It may include specific instructions on how you want your organs used and is crucial if this aspect is not detailed in the Health Care Proxy form.
- Advance Directive: This is a general term that encompasses both living wills and Health Care Proxy forms. It differentiates your desires concerning treatment and appoints an agent, making it easier for health care providers to honor your wishes.
- Healthcare Instructions: This is a more informal way of writing down your preferences regarding specific treatments or medical procedures, ensuring your health care agent understands your choices without needing to interpret them.
- Patient Advocate Designation: Similar to a Health Care Proxy, this document designates an advocate to help navigate health care decisions and ensure your rights are protected within the health care system.
- Medical History Summary: This document contains important information about your medical conditions, medications, and allergies. Providing a summary helps your health care agent make informed decisions on your behalf.
- Emergency Contact List: A simple list of contacts who can be reached in an emergency can be beneficial. It usually includes family members, friends, and any medical professionals who may need to be consulted regarding your health.
Having these additional forms and documents in place alongside your Health Care Proxy can provide clarity and support for both you and your chosen health care agent. They ensure that your preferences regarding health care and your overall well-being are effectively communicated and respected.
Similar forms
- Living Will: A living will provides specific instructions about your health care preferences. Unlike the Health Care Proxy, it does not appoint someone to make decisions for you. The Health Care Proxy allows a designated agent to interpret and make decisions based on your wishes as situations arise.
- Durable Power of Attorney: A durable power of attorney grants someone the authority to make financial decisions on your behalf. While the Health Care Proxy focuses solely on health care decisions, a durable power of attorney covers financial problems when you cannot decide for yourself.
- Advance Directive: An advance directive encompasses various documents related to your health care decisions. The Health Care Proxy is one type of advance directive, specifically for appointing an agent to make decisions for you.
- Do Not Resuscitate (DNR) Order: A DNR order instructs medical personnel not to perform CPR if your heart stops. Similar to the Health Care Proxy, a DNR addresses specific health care decisions, but it does so for emergency situations rather than appointing someone to make general decisions.
- Organ Donation Registration: This is a document that indicates your wish to donate organs after death. While the Health Care Proxy allows an appointed agent to make organ donation decisions, this registration independently conveys your preferences regarding organ donation.
- Patient Advocate Form: This document allows you to choose a person to advocate for your medical decisions and preferences during treatment. Like the Health Care Proxy, it emphasizes the importance of appointing someone to represent your wishes, but it may not cover all health care decisions.
- Health Care Power of Attorney: This document is similar to the Health Care Proxy because it appoints someone to make health-related decisions on your behalf. The primary distinction lies in certain jurisdictions preferring the term "Health Care Power of Attorney," while others use "Health Care Proxy."
Dos and Don'ts
When filling out a Health Care Proxy form, it is essential to approach the task with care and diligence. Here is a list of recommended practices and behaviors to consider:
- Discuss your wishes with your chosen agent. Ensure they understand your health care preferences before you finalize the form.
- Use clear language. Make sure your desires regarding treatments are articulated in simple and understandable terms.
- Provide copies of the signed form. Give a copy to your health care agent, your doctor, and family members who may need to reference it.
- Do not choose someone who may be conflicted. Avoid selecting your primary care physician as your agent, as they cannot serve dual roles.
- Do not rush the decision. Take your time to consider who you trust to act in your best interests and discuss your choices with them.
- Do not forget to update the form. If your situation changes, such as a divorce, ensure that you revise the proxy accordingly.
Misconceptions
People often have misunderstandings about the Health Care Proxy form. Here are some common misconceptions and clarifications regarding this important document.
- Misconception 1: A Health Care Proxy is only for the elderly or terminally ill.
- Misconception 2: My health care agent can overrule my wishes.
- Misconception 3: I need a lawyer to fill out this form.
- Misconception 4: A Health Care Proxy is the same as a living will.
- Misconception 5: My health care agent cannot make decisions about organ donation.
- Misconception 6: If I sign this, I no longer have control over my health care decisions.
- Misconception 7: Choosing a health care agent means I cannot change my mind.
- Misconception 8: I cannot choose a family member as my health care agent.
This is not true. Anyone, regardless of age or health status, should consider appointing a health care agent. Unexpected situations can arise that may prevent someone from making their own decisions, such as accidents or temporary illnesses.
Your agent must follow your stated wishes. If your agent is aware of your preferences or has received instructions from you, they cannot make decisions against them.
You do not need a lawyer to complete a Health Care Proxy form. It only requires your signature and the signatures of two witnesses.
While both documents relate to health care decisions, a living will specifies your wishes in advance, while a Health Care Proxy appoints someone to make decisions on your behalf when needed.
This is incorrect. Your health care agent can make decisions about organ and tissue donation after your death, provided these wishes are noted in the Health Care Proxy form.
As long as you are capable of making your own decisions, you retain the right to do so. Your agent only steps in when you cannot make decisions for yourself.
You can change your mind at any time. To revoke your existing proxy, simply inform your agent or fill out a new proxy form.
You can absolutely appoint a family member or close friend as your agent. The important thing is to discuss your wishes with them first to ensure they are willing to take on this responsibility.
Key takeaways
Filling out and using a Health Care Proxy form is an important step in planning for your future medical care. Here are some key takeaways to consider:
- Appointing an Agent: You can designate a trusted person, such as a family member or friend, to make health care decisions for you if you are unable to do so.
- Authority Granted: Your chosen agent can make a wide range of health care decisions, including whether to provide or withdraw life-sustaining treatment unless you specify otherwise.
- Documentation of Wishes: The form allows you to document your specific health care wishes, which your agent must follow when making decisions.
- No Legal Representation Needed: You do not need a lawyer to complete this form. It only requires the signature of two witnesses who are not your agent.
- Communication is Key: Discuss your health care wishes with the person you intend to appoint as your agent to ensure they understand your preferences.
- Revocation of Authority: You have the right to revoke the authority given to your health care agent at any time, either verbally or in writing.
- Availability of Agent: In case your primary agent is unavailable or unable to make decisions, you can appoint an alternate agent to step in.
- Storage of Document: Once signed, store copies of your Health Care Proxy in accessible places, such as with your doctor and in your wallet, ensuring it is available when needed.
- Organ Donation Wishes: You can express your wishes regarding organ and tissue donation on this form, and your agent can make decisions related to donations after your death.
Completing a Health Care Proxy form can provide peace of mind, knowing that your health care preferences will be respected and carried out by someone you trust.
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