The forms vary from state to state, so in order to legally name a Health Care Proxy you’ll need to
print out your state’s forms from our State-by-State Advance Health Care Directive Forms tool
. Be aware that you must name your Health Care Proxy yourself; that is, no one can name a Proxy on behalf of another person.
What is a healthcare proxy responsible for?
A health care proxy, or durable power of attorney for health care,
allows you to designate another person as your agent to make health care decisions on your behalf
.
How is a health care proxy invoked?
A health care proxy designates an individual, often a family member, to legally make medical decisions for another. It can only be activated
when a doctor declares the person incompetent
.
What questions should I ask my healthcare proxy?
- Would you want CPR or other resuscitation if your heart were to stop beating?
- Would you want to be put on a ventilator if you could no longer breathe on your own?
- Would you wish to have tube or needle feeding if you lost the ability to swallow?
What is the difference between a health care proxy and a living will?
A healthcare proxy and a living will both have the same purpose: to see that your medical wishes are expressed and honored, even when you can’t do so yourself.
You give a medical proxy the authority to make those decisions for you, while a living will sets those wishes out in writing
.
Does a healthcare proxy need to be notarized in Massachusetts?
The person you appoint as your proxy cannot serve as a witness.
You do not need to notarize your Massachusetts healthcare proxy
.
How do I write a medical proxy letter?
- Your primary agent’s name and address.
- Your alternate agent’s name and address.
- The duration of the proxy – without a specified duration your proxy will be invalid.
- Any advance directives that widen or restrict the scope of your agent’s authority.
Does health care proxy need to be notarized in NY?
You do not need to have the form notarized
. The standard Health Care Proxy form approved under New York law has sections that must be completed for your proxy to be valid. The form also has “optional” sections that you may or may not choose to complete.
Can you decline being a healthcare proxy?
Should you change your mind about your health care treatment or end of life decisions or your choice of health care proxy,
you can simply destroy the documents you have and create new ones
. Once you have a living will, health care proxy, or advance health care directive, you should keep it among your important papers.
Does Ma recognize living wills?
No. Massachusetts is one of only a handful of states that do not allow legally binding living wills
. If you write a living will in Massachusetts, your doctors are not legally obligated to follow your wishes. However, a living will can help health care providers and the courts make decisions about your medical care.
Who makes medical decisions if there is no power of attorney Massachusetts?
In Massachusetts, if you are at least 18 years old and competent, you may complete a Health Care Proxy form, selecting another person (called
your Health Care Agent
) to make health care decisions for you if you cannot make such decisions yourself. You may put specific limitations or instructions in the proxy.
What is a health surrogate?
A health care surrogate designation is
a legal document that appoints a person to become your “surrogate” if you become incapacitated
. (Incapacity is defined as the physical or mental inability to manage your affairs.)
Can a spouse override a healthcare proxy?
As long as you are mentally competent when you created a medical power of attorney (POA) and followed state laws regarding the content and execution of the document, no one, not even your spouse, has the right to overrule your choices.
Can a family member override a healthcare proxy?
Also, no matter what choices you have written on paper,
your Health Care Proxy can override any decision
and can make choices without regard to any other family member, friend, or medical provider’s opinion.
How do I choose a medical decision maker?
In selecting a medical decision maker, you should choose a person that is 18 years or older, someone you trust to speak and make judgments on your behalf, a person who can make quick decisions under pressure, and someone who is well informed about these potential responsibilities.
Is a healthcare agent the same as a healthcare proxy?
A health care agent may also be known as: An attorney-in-fact
.
A health care proxy
.
What does the Patient Self Determination Act require?
Patient Self Determination Act of 1990 – Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require hospitals, skilled nursing facilities, home health agencies, hospice programs, and health maintenance organizations to: (1)
inform patients of their rights under State law to make decisions
…
Who can witness a Massachusetts health care proxy?
Witness Statement and Signature (Required)
Any competent adult can be a witness except your Health Care Agent and Alternate Agent
. Two adults must be present as witnesses when this document is signed.
What happens if you don’t have a healthcare proxy in Massachusetts?
If you become unable to make your own health care decisions,
your doctor or the court will want to act according to your wishes
—whether they come from your Agent by means of a Proxy, or because you took the time to write them down yourself.
Who can invoke a healthcare proxy in Massachusetts?
Under the Health Care Proxy Law (Massachusetts General Laws, Chapter 201D),
any competent adult 18 years of age or over
may use this form to appoint a Health Care Agent.
What is a durable power of attorney for health care?
A durable power of attorney for health care
names a person (often referred to as an “agent”) to make medical decisions on your behalf if you are no longer able to make health care decisions for yourself
. This document is also known as a health care proxy or health care power of attorney.
