While the terms healthcare proxy and medical power of attorney are often used interchangeably, they can refer to different legal documents. In New York, a healthcare proxy is a document that appoints someone to make medical decisions on your behalf if you are unable to do so. This is not an advance directive that outlines instructions for end-of-life care. A Melville healthcare proxy lawyer could explain the differences between these legal documents and help you draft a healthcare proxy tailored to your needs. Our power of attorney healthcare lawyers are here to help you understand your options and support you through the process.
Healthcare proxies allow a trusted individual to make medical care decisions for someone who is unable to make their own decisions. They only apply if the person is incapacitated, such as during a surgical procedure or in the event of a medical emergency.
For example, if someone is unconscious as a result of a car accident and requires immediate medical treatment, a healthcare proxy allows their designated healthcare agent to make decisions on their behalf. Without a healthcare proxy, doctors may not know their preferences and will follow standard medical protocols for emergencies. In some cases, loved ones may disagree on treatment options, which could force medical professionals to make the decision, delaying necessary care.
Healthcare proxies explain to medical professionals that the identified healthcare agent is responsible for making medical care decisions on their behalf. When they are no longer incapacitated, the healthcare proxy is no longer in effect, and they may resume making their own healthcare decisions.
Healthcare agents must be at least 18 years old or an emancipated minor. They cannot be an individual’s current healthcare provider or an employee of the provider unless they are related to them. Before appointing a healthcare agent, it is essential to discuss the associated responsibilities and medical preferences.
Healthcare agents should be advocates who can effectively communicate with medical professionals. They must be willing to ask questions and make informed decisions under duress. They must also understand their limitations and not attempt to exceed the scope of their legal authority.
A healthcare proxy lawyer in Melville could explain how the proxy works in various medical situations and help someone choose their healthcare agent.
An attending physician determines when a patient lacks the mental capacity to make healthcare decisions, at which point the healthcare proxy takes effect. The person who designated the healthcare proxy may revoke it at any time and can also set an expiration date. Without a specified expiration date, the proxy remains in effect until the individual’s death.
An attorney in Melville could ensure that the healthcare proxy document accurately reflects someone’s wishes and provides clear instructions for their healthcare agent.
A living will outlines a person’s wishes regarding end-of-life treatment if they become permanently incapacitated. It specifies what can and cannot be done to prolong their life. For example, a living will may include a do-not-resuscitate (DNR) order or prohibit the use of a feeding tube. A living will provides medical professionals with clear guidance to comply with an individual’s wishes, even if they are unable to communicate them.
A lawyer in Melville could help someone draft both a living will and a healthcare proxy to ensure that their healthcare preferences are clearly stated and followed in the event of medical emergencies.
Comprehensive estate plans will often include a healthcare proxy and living will. These two documents ensure that your healthcare preferences are clearly understood even if you are incapacitated. Without a healthcare proxy, medical care decisions may be delayed, increasing the risk of adverse outcomes. Or, the treatment decided best by the physician may not align with the person’s wishes.
In medical emergencies, having a trusted person who has the legal authority to make decisions on your behalf can bring you peace of mind. A Melville healthcare proxy lawyer could help you outline your medical care preferences and designate your healthcare agent.
The attorneys at Tully Law Group, PC understand the complexities of these issues and the emotional challenges that may arise. During your consultation, we could address your estate planning needs and help you create a plan that will respect your wishes. Call our office today for more information.
