(781) 531-8673Health Care Proxy Attorneys in Melrose, MA
Assisting Individuals In Establishing Health Care Advocates
A health care proxy is a valuable document, regardless of how old you are or your current health. You never know when the unimaginable will happen. If you are ever incapacitated without a health care proxy or living will, you risk putting your family and friends in an incredibly uncomfortable position as they attempt to predict what you would have medically wanted.
Under Massachusetts law, a health care proxy is a legal document comparable to a medical power of attorney. However, an individual who acts as a health care proxy only has legal authority to make medical decisions on behalf of the principal and only in the event that the principal is incapacitated or otherwise unable to communicate their medical wishes. The agent’s authority is limited to health care matters and does not extend to financial and legal decisions.
A health care proxy is vital in the event you are unable to make health care decisions for yourself. A health care proxy can be any person that you choose, such as a family member or close friend. Having a predetermined health care proxy in place can mean the difference between family members being able to find out about your medical condition should you be unable to communicate for yourself or being kept in the dark, wondering if you are being properly cared for.
Who is Eligible to be a Health Care Proxy in Massachusetts?
Many individuals mistakenly believe that because they are a spouse or close family member, they will have the legal ability to make medical decisions on behalf of their loved ones, no matter the circumstances. This is not always the case. Massachusetts does not have laws that automatically give family members medical decision-making power.
Health care providers must follow strict HIPPA laws that outline who may make decisions or even receive information about a patient’s condition. If the incapacitated person does not have a health care proxy, the medical provider may seek consensus from the incapacitated person’s family. Nonetheless, with planning, any competent adult 18 years of age and older can appoint their health care agent by filling out and signing a health care proxy form. The agent they choose must be a competent person over 18.
This form will allow you to assign your health care agent to make health care decisions on your behalf should you be unable to do so on your own.
Be certain to choose an individual whom you can trust, who will listen to your desires regarding your care, and who will agree to the decisions that you have specified. If you are working with an attorney on devising an estate plan, many of these issues can be worked out beforehand.
Does an Individual Need a Designated Health Care Proxy if They are in a Nursing Home?
If your family member is in a health care facility and is terminally ill, mentally ill, experiencing diminished mental capacity, or has certain religious beliefs that they want to be upheld, it is essential that they have a health care proxy in place.
Often, patients in long-term care become incapacitated to the point that they are unable to make decisions for themselves related to their treatment or other medical care.
If you have been appointed as a health care proxy, you have full authority to make determinations under the statutes outlined in the Massachusetts health care proxy law. Having a health care proxy document does not allow you, however, to make financial decisions.
When Does a Health Care Proxy Take Effect?
When creating your health care proxy document, you may be worried about losing your ability to make your own health care decisions. You don’t have to worry about that, as Massachusetts law wants to ensure you maintain authority over your medical care. Your health care proxy will only go into effect when a physician determines that you are unable to understand or communicate your own decisions. Your agent has no authority over you while you are still capable of making decisions.
What Happens If You Don’t Have a Healthcare Proxy?
If you should become incapacitated without a health care proxy, you risk putting the burden of guessing your medical care wishes on your loved ones. Further, if they cannot agree on what your wishes would have been were you able to make them yourself, the court may have to get involved and appoint a guardian, giving them the legal authority to make medical decisions on your behalf.
That means someone you don’t trust may end up making medical decisions for you. Conflicts often arise when family members can’t agree on medical decisions. This can put extreme stress on your loved ones as they try to come to an informed decision regarding your preferences.
A health care proxy is an incredibly important estate planning document that gives you authority over your medical decisions, even when you are incapacitated.
Is a Health Care Proxy Better Than a Living Will in Massachusetts?
The state of Massachusetts does not recognize living wills that outline specific circumstances in which life support or other measures should be discontinued for a patient who is terminally ill. However, an individual who is acting as a health care agent is legally permitted to make those decisions.
For this particular reason, it is recommended that an individual compose a living will that gives precise details as to the type of circumstances in which they would like treatment that prolongs their life, thus directing the health care proxy in decision-making.
Stating treatment preferences in a living will is highly beneficial to the individual you choose as your health care proxy. Outlining your wishes ahead of time, such as the desire for comfort care, takes significant pressure off of them when making treatment decisions.
Do I Need to Have an Attorney to Designate a Health Care Proxy?
While it is not a legal requirement that you have an attorney assist you in assigning an agent to be your health care proxy, it is always best to consult with an attorney about potential life-altering decisions.
As people become older and experience more medical issues, they begin to understand the need to establish a health care agent to make decisions related to their medical care, life-sustaining treatments, or other medical treatments related to their conditions.
Call our law offices today at (781) 531-8673 to schedule a free consultation. We look forward to assisting you with your Massachusetts health care proxy needs.