The Essential Role of a Healthcare Proxy (Medical Power of Attorney)

Have You Planned for Unexpected Medical Decisions?

When a health crisis occurs, decisions must often be made quickly. Whether due to injury, sudden illness, or age-related conditions, someone may need to make medical decisions for you. A healthcare proxy (also known as a medical power of attorney) ensures that the person you choose and trust will be able to make these decisions if you’re unable to do so yourself. Jacksonville residents, in particular, may want to consider this as part of a comprehensive estate plan.

Jacksonville Estate Planning Attorney Bill O’Leary offers a quick and accessible outline of the role of a healthcare proxy in his video, “What Is a Healthcare Proxy?”

What Is a Healthcare Proxy?

A healthcare proxy is a legally binding document that allows you to designate someone as your healthcare agent, also known as a surrogate or proxy. This person has the authority to make healthcare decisions on your behalf if you are incapacitated or otherwise unable to communicate your wishes. Your healthcare proxy only goes into effect when a medical professional confirms that you cannot make decisions independently. Read more about financial powers of attorney in our articles, How a Durable Power of Attorney Protects Your Rights and  What Do I Need besides a Durable Power of Attorney for Healthcare?

Who Needs a Healthcare Proxy?

Healthcare proxies are crucial for all people age 18 and over,  not just seniors. Medical emergencies can affect anyone, and designating a trusted individual as your healthcare proxy gives you peace of mind. Whether due to an accident, unexpected illness, or a progressive condition, anyone may face a time when they cannot make their own healthcare choices. Having a healthcare proxy ensures that your decisions reflect your values and that your family will not have to struggle with uncertainty.

How Does a Healthcare Proxy Work?

A healthcare proxy document becomes active only when you are unable to communicate or make decisions independently. This typically requires a doctor’s certification of your incapacity. The proxy’s authority includes making decisions on your behalf about treatments, surgeries, and any other medical interventions necessary. They are required to make decisions that align with your values and wishes, and a good healthcare proxy will have open discussions with you ahead of time to fully understand your preferences.

Why Is a Healthcare Proxy Important?

1. Ensures Your Wishes Are Followed: By appointing a healthcare proxy, you can rest assured that your values and preferences will guide any medical decisions.
2. Minimizes Family Conflict: A healthcare proxy can prevent disagreements among family members, providing a clear directive on who has the legal authority to make decisions.
3. Reduces Emotional Burden: Without a designated proxy, family members may face legal battles or tough choices without clear guidance, adding stress to an already challenging situation.

What Should You Look for in a Healthcare Proxy?

Choosing a healthcare proxy is a significant decision.  According to the article “Choose wisely when selecting an agent for a power of attorney” from News Tribune, you may appoint multiple people to serve as your agent. However, to avoid possible conflict, it would be wise to have the POA documents express specific responsibilities for each person. If the agents disagree, it will be difficult for them to get tasks completed.

A Jacksonville estate planning attorney can help you make the best decision when choosing a proxy.  Here are some qualities to consider:

• Trustworthiness: Select someone who you know will follow your wishes.
• Good Communication Skills: The person should feel comfortable speaking with medical personnel and discussing complex topics.
• Availability and Proximity: Your healthcare proxy should ideally be able to reach medical facilities promptly.
• Emotional Readiness: This role can be emotionally challenging, so your chosen proxy must be prepared to make difficult decisions.

What Is the Difference Between a Healthcare Proxy and a Living Will?

A healthcare proxy and a living will are two different documents that often work best together. A living will specifies your preferences for treatments if you’re in a terminal or irreversible condition, like wanting or refusing life support. However, it does not designate a decision-maker. A healthcare proxy, on the other hand, allows you to appoint someone to make decisions on your behalf but does not specify treatments. By combining these two documents, you create a robust plan for your healthcare.

When Should You Set Up a Healthcare Proxy?

Timing is essential when it comes to setting up a healthcare proxy. The best time is now, before any emergency or crisis arises. This gives you ample time to thoughtfully choose your proxy, discuss your wishes with them, and, if necessary, draft a living will to provide additional clarity. In Jacksonville, having these documents as part of an estate plan prepared by an experienced estate planning attorney can add valuable legal support to ensure your preferences are honored.

Can a Healthcare Proxy Make All Decisions?

The healthcare proxy can make most healthcare-related decisions, but some limitations may apply based on state laws. In Florida, for example, a healthcare proxy may need to adhere to certain guidelines when deciding on end-of-life or experimental treatments. This is why working with an experienced Jacksonville estate planning attorney can help clarify the scope of authority for your proxy, giving you and your family peace of mind.

How to Discuss Your Wishes with Your Healthcare Proxy

A healthcare proxy should know your values, religious beliefs, and specific preferences about treatment options, such as:

• Life-Sustaining Treatment: Clarify whether you would want to receive life support if there’s no chance of recovery.
• Pain Management: Express your preferences for managing pain, even if it could shorten your life in certain cases.
• Organ Donation: Decide whether you wish to be an organ donor and let your proxy know.

How Can Legacy Planning Law Group Help with Your Healthcare Proxy?

Legacy Planning Law Group in Jacksonville provides comprehensive guidance in selecting and legally establishing a healthcare proxy as part of a larger estate planning strategy. Our estate planning team focuses on creating clear, customized documents that ensure your wishes are legally upheld. By taking a proactive approach, we can help you secure a healthcare proxy arrangement that provides peace of mind to you and your loved ones, knowing that trusted hands will guide crucial decisions.

Take Control of Your Future Healthcare Decisions Today

At Legacy Planning Law Group, we believe that every estate plan should include a healthcare proxy to safeguard your future healthcare decisions. Ensuring that your wishes are respected, especially during critical moments, is a crucial step toward maintaining control and dignity over your healthcare journey.  Schedule a Discovery Call with Team Legacy to Get Started.