Choosing a Health Care Proxy
In an emergency or at the end of life, you may not be able to make your own decisions about your medical care. To help ensure you get the care you want, you can choose a person to make medical decisions for you. This person is called a health care proxy. Choosing a health care proxy is an important part of advance care planning, which involves discussing and preparing for future decisions in the event you can’t make them.
What is a health care proxy?
A health care proxy — also known as a representative, surrogate, or agent — is a person who can make health care decisions for you if you are unable to communicate these yourself. They work closely with your health care team to ensure your care and treatment preferences are followed. Having a proxy can be especially helpful to have in place if unexpected situations arise, such as a serious car accident or stroke.
To name a health care proxy, you can use an advance directive called the durable power of attorney for health care. An advance directive is a legal document that provides instructions for medical care and only goes into effect if you cannot communicate your own wishes. A proxy can be chosen in addition to or instead of a living will, which is another kind of advance directive that outlines your preferences around medical care and treatment.
Who can be a health care proxy?
In most states, a health care proxy must be age 18 or older. In Alabama and Nebraska, a proxy must be age 19 or older. In all cases, a proxy must be of sound mind. Some people choose a family member, but others may decide on a trusted friend or neighbor or a lawyer.
While state requirements vary greatly, the American Bar Association generally recommends not choosing:
• Your health care provider or their spouse, employee, or spouse of an employee
• The owner or operator of your health or residential care facility or someone working for a government agency financially responsible for your care
• A professional evaluating your ability to make decisions
• Your court-appointed guardian or conservator
• Someone who serves as a health care proxy for 10 or more other people
Contact your state legal aid office or state bar association to confirm your state’s rules and find out if there are any other limitations on who can be your proxy. You might also pick an alternate proxy, a backup if your primary proxy is unavailable for any reason.
For more information on choosing a health care proxy, including questions to consider, what decisions a proxy can make and what to do once you have selected a proxy, from the National Institute on Aging, CLICK HERE.