At Merlino & Gonzalez, from our offices in Staten Island and New Brunswick, we craft estate plans with the care they deserve, always keeping sight of the fact that they must protect your assets, your loved ones, and your autonomy. One document that makes an important contribution to these goals is the health care proxy.
If you are a resident of New York or New Jersey, understanding the role and significance of a health care proxy can be instrumental in safeguarding your medical decisions and ensuring that your voice is heard even if you are incapacitated. Contact our skilled attorneys now to begin organizing your life and safeguarding your future.
What Is a Health Care Proxy?
A health care proxy is a legal document that allows you (the principal) to designate a trusted individual (the agent or proxy) to make medical decisions on your behalf if you become unable to communicate or make decisions due to illness, injury, a medical event, or some other type of incapacity. This document ensures that your preferences regarding medical treatment, end-of-life care, and other health-related matters will be respected, even when you cannot express them yourself.
Why Do I Need a Health Care Proxy?
There are several reasons you need a health care proxy. The trusted person you name in this document will be able to speak for you in any of the following situations:
- Catastrophic accident
- Sudden medical event (heart attack, stroke, aneurysm)
- Degenerative illness (Alzheimer’s disease, Parkinson’s disease, other dementia)
- Delirium (extreme disorientation, confusion) resulting from severe injury, illness, mineral depletion, dehydration, medication, high fever, alcohol or drug abuse
Above all, a health care proxy will provide you and those closest to you with the peace of mind that comes from knowing that you have chosen the person you want to make decisions on your behalf and instructed them about your wishes.
What Happens If I Don’t Have a Health Care Proxy?
Without a health care proxy, medical decisions typically fall to family members according to state laws. In New York and New Jersey, this hierarchy starts with spouses, followed by adult children, parents, and siblings. Relying on this legal protocol can be problematic since you may, for example, feel more comfortable with your best friend making your healthcare decisions rather than your parent.
Also, when no one has been appointed as your health care proxy, disputes can arise among family members, potentially delaying critical medical decisions and causing unnecessary stress during an already trying period.
Will a Health Care Proxy Take Away My Right To Make My Own Decisions?
No. Appointing a health care proxy does not revoke your right to make decisions as long as you are capable of doing so. Authority to make decisions for you only transfers to your proxy if medical professionals deem you unable to make decisions for yourself. Then, and only then, can your chosen agent step in to advocate for your wishes based on the instructions you have provided.
Other Healthcare Documents You May Need in NY and NJ
In addition to a health care proxy, residents of New York and New Jersey may benefit from the following essential healthcare documents:
- Advance directive
- Living will
- HIPAA release form
- Durable power of attorney
- Do Not Resuscitate order (DNR)
How These Documents Differ From a Health Care Proxy
Whereas a health care proxy names a trusted individual to make medical decisions on your behalf if you become unable to make them yourself, the other documents mentioned have different purposes:
Advance Directive
An advance directive is a broad term that encompasses all legal documents in which you specify which steps you want taken to ensure that your wishes regarding medical care are carried out if you become unable to communicate. These documents may include a health care proxy, a living will, and a HIPAA release form.
Living Will
A living will is a specific type of advance directive that outlines your preferences in regard to medical treatment. It typically addresses end-of-life care decisions, such as whether you want to be intubated, fed with a feeding tube, or go through invasive diagnosis procedures or treatments if you are in a terminal condition or persistent vegetative state. A living will also allows you to state your wishes regarding organ donation.
HIPAA Release Form
This form allows you to name the individuals you want to have access to your healthcare information and your healthcare providers. Without such authorization, your loved ones will not be able to discuss your case or medical records with your doctors.
Durable Power of Attorney
A durable power of attorney can also include healthcare provisions if specified, serving the same purpose as a health care proxy.
Do Not Resuscitate (DNR) Order
If you are near death, have poor quality of life and a grim prognosis, a DNR order permits you to state your preference not to be resuscitated if your heart or breathing stops. This information will be communicated by your healthcare proxy if you are incapacitated and is typically accessible (e.g. through a bracelet) to medical personnel and EMTs.
Why You Need Our Experienced Attorneys To Guide You
It is not a good idea to think of a health care proxy as an individual document to be drafted and executed in an emergency since then it will usually be too late. Instead, take the wise step of contacting the accomplished attorneys of Merlino & Gonzalez now to discuss the benefits of having us construct a comprehensive estate plan, customized to meet your specific needs and goals.
Working with our skilled legal team will ensure that not only your health care proxy, but every document in your portfolio, is legally sound and clearly stated. Contact us today to make certain that your interests are secure and your loved ones protected.