A Health Care Proxy, also known as a Durable Power of Attorney for Health Care or Medical Power of Attorney, is a legal instrument that allows an individual (the principal) to appoint another person (the agent or proxy) to make health care decisions on their behalf when they are unable to do so due to illness, injury, or incapacity.

This document is distinct from a living will, which outlines specific medical treatments a person wants or does not want. Instead, a Health Care Proxy gives the appointed agent the authority to make comprehensive decisions about medical care, guided by the individual’s known preferences, values, and best interests.

How Does a Health Care Proxy Work?

When a person becomes unable to communicate or make decisions about their health care, the Health Care Proxy goes into effect. The appointed agent then gains the authority to discuss medical options with healthcare providers, access medical records, and consent to or refuse treatments.

The agent’s decisions should align with the principal’s wishes and previously expressed directives. If the principal’s preferences are unclear, the agent is expected to act in their best interest.

Why is a Health Care Proxy Important?

Without a Health Care Proxy or similar directive, medical decisions may fall to family members or court-appointed guardians, which might not reflect the individual’s wishes. This can lead to conflict or delay in critical care.

By appointing a proxy, you ensure that someone you trust can advocate for your health preferences, avoid misunderstanding, and provide peace of mind for you and your loved ones.

How to Create a Health Care Proxy

  1. Choose Your Agent: Select a person you trust, such as a family member, close friend, or attorney, who understands your values and can advocate on your behalf.
  2. Complete the Legal Document: Each state has specific requirements. Forms are often available through state health departments, legal aid organizations, or healthcare providers.
  3. Sign and Witness: Usually, you must sign the document in the presence of witnesses or a notary public.
  4. Distribute Copies: Provide copies to your designated agent, family members, and healthcare providers.

Differences Between Health Care Proxy, Medical Power of Attorney, and Living Will

  • Health Care Proxy: Appoints a person to make decisions on your behalf when incapacitated.
  • Medical Power of Attorney: Often used interchangeably with Health Care Proxy, granting similar decision-making authority.
  • Living Will: Specifies the types of medical treatment you want or refuse if you cannot communicate.

Legal Considerations

Each state may have different rules about Health Care Proxy validity and enforcement. It is essential to use the correct state-specific form and understand the legal implications. Consulting an attorney or using trusted legal resources is advisable.

Additional Resources

For related topics, see our glossary entries on Advance Directive, Medical Power of Attorney, and Living Will.

Understanding and establishing a Health Care Proxy ensures your healthcare decisions are respected, even when you cannot speak for yourself.