A healthcare proxy gives another person (the agent) the authority to make health care decisions for a competent person when that person is unable to do it for him or herself. The healthcare proxy names the person (agent) to make the decisions and the decisions that person should make. A healthcare proxy also permits the agent to make decisions about the individual's healthcare on behalf of that person, without knowing what that person would have wanted in a particular situation. A health care proxy, like a will, requires that two witnesses are present when signed.
The person chosen as the agent for health care decisions should be a trusted individual who is comfortable discussing health care issues. Because this person may need to argue the patient's case with doctors or family members, or even go to court, an assertive and diplomatic individual may be preferred. The representative should be well aware of the choices made in the relevant documents, and should support those instructions.
A healthcare proxy prevents medical professionals from making decisions, such as putting an individual on life support, when they are not what the person wanted. The healthcare proxy takes effect once the individual becomes disabled or incompetent, which must be determined by a physician. A healthcare proxy can be amended or even revoked at any time as long as the individual is competent when either is done.
WHAT IS THE DIFFERENCE BETWEEN A HEALTH CARE PROXY AND A LIVING WILL?
A health care proxy is different than a living will, although each serves the same purpose of allowing you to make decisions in advance about your health care. A living will is a document that you sign in advance in which you specifically set forth your decisions about health care treatment. Unlike the health care proxy, however, it does not authorize you to appoint an agent to make decisions that you did not anticipate when you completed the living will. The health care proxy provides specific instructions and also designates an agent to make decisions when there are events you did not anticipate.
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