Why is a Health Care Proxy a Vital Part of Any Massachusetts Estate Plan?
Some assume that health care proxies are only necessary for older adults or those with chronic health conditions. In reality, unexpected medical emergencies can happen to anyone at any age, making a health care proxy valuable for all adults. Without a health care proxy, you risk losing control over who manages your health care if you become incapacitated. Having this document in place ensures that a person you trust will guide your medical treatment so it aligns with your values and preferences, even when you can’t express them yourself.
A health care proxy works in conjunction with other estate planning documents to provide comprehensive protection for your health and financial well-being if the unthinkable happens and you can no longer make your own decisions. By consulting with our knowledgeable Massachusetts health care proxy attorney, you can ensure that you have a legal document that chooses the person you want to make health care decisions for you if you can’t.
Remember, it’s never too early to establish a health care proxy. Taking this step now can provide invaluable peace of mind for you and your loved ones in the future.
What is a Health Care Proxy?
Established under MGL c. 201D, a health care proxy is a legal document that grants authority to a person of your choosing, known as your health care agent, to make medical decisions for you if you can’t do so yourself. Your proxy only becomes active when a doctor determines that you’re medically incapacitated or otherwise unable to communicate your health care wishes, such as when you are in a coma or a state of unconsciousness. At this point, your agent assumes the ability to receive all information from your medical staff about your condition and will be able to make independent care choices for you.
How Do I Create a Health Care Proxy?
To establish a valid health care proxy, you must be of sound mind and name the person you want to make health care decisions for you (your agent) and any alternates. You may specify limitations on your agent’s decision-making authority if there are choices you don’t want them to have control over. However, limiting your agent’s authority might make it difficult for them to act in unexpected situations. When you’re signing the form, you’ll need two adult witnesses who can watch you sign and confirm your capacity to make this decision. It’s important to note that, unlike some legal documents, a health care proxy in Massachusetts doesn’t require notarization.
After completion, distribute copies of the signed form to your agent, alternate agents, family members, and health care providers. You can revoke your proxy by doing any one of the following things: creating a new one; telling your doctor, health care provider, or agent either orally or in writing that it has been revoked; or doing anything else that clearly shows you want to revoke the proxy like tearing it up or destroying the proxy document, crossing it out, telling other people, etc. If your agent was your spouse and you get divorced or legally separated, the proxy is automatically revoked.
Who Should You Appoint as Your Agent?
Selecting the right person to serve as your health care agent is crucial because they will shoulder a significant responsibility that can be emotionally taxing. Your agent will have complete authority to act on your behalf regarding your medical care and may have to make extremely difficult choices based on their knowledge of your wishes and what they believe is best for you. Because it’s such an important role, the individual should be someone you trust implicitly, who knows and respects your values and health care preferences, and who can make challenging decisions under pressure.
Your agent can be any competent adult who is over the age of 18. However, you can’t appoint a health care employee in a facility where you’re receiving care as your agent unless that person is a relative. Many people choose close family members such as an adult child or spouse to act as their agent, but others may prefer to place this responsibility on a trusted friend to spare their family members from having to make potentially heart-wrenching choices.
Narrowing your list of possible agents to one primary health care proxy and one alternate proxy requires careful thought. You should discuss your plans with the individuals you’re considering to ensure they are comfortable acting in this capacity if needed. When choosing your agent, you should think honestly about how the person meets the following criteria:
- Reliability and availability on short notice
- Deep understanding of your health care wishes
- Shared views on important values OR the ability to act in accordance with your wishes, even if their views are dissimilar
- Ability to handle disagreements and conflicting opinions from family, friends, and health care providers
- Proximity to your location or willingness to travel if needed
- Emotional stability to make tough decisions in stressful situations without experiencing severe trauma or guilt
What Information Should You Share With Your Health Care Proxy?
While a health care proxy designates who will make decisions for you, providing clear guidance on your health care preferences can be equally important as it gives your agent a framework for making these crucial choices. This extra information can help ensure your care corresponds with your values and desires. You may consider addressing the following points:
- Your preferences regarding life-sustaining treatments like feeding tubes
- Specific medical procedures you would or wouldn’t want
- Your views on pain management and end-of-life care
- Any religious or cultural considerations that should guide your care
- Your wishes regarding organ donation
- Individuals you would or would not like your agent to consult when making difficult decisions, such as clergy, specific family members, or friends
Although this information can be very beneficial for your agent to possess in writing, you’re not required to provide it in your health care proxy form. Any requests you make aren’t legally binding upon your agent or medical providers, who can make the decisions they believe to be in your best interests at the time. If you have strong feelings about specific topics like resuscitation, your lawyer or doctor can provide further information on how to create binding legal documents that may prevent the use of these methods, such as a Do Not Resuscitate (DNR) Order.
Why Consult an Experienced Health Care Proxy Attorney?
A health care proxy is an essential component of your estate plan. It provides peace of mind, ensures your health care wishes are respected, and relieves your loved ones of the burden of making hard medical decisions without guidance. At the Heritage Law Center, we understand that considering these topics can be uncomfortable and challenging. Our compassionate lawyer can guide you through the process of selecting an appropriate health care agent, help you articulate your health care preferences, and ensure that your health care proxy complies with Massachusetts law and integrates with your overall estate plan. Contact our Woburn office today at 617-765-9307 to learn more.
