What Is a Healthcare Proxy?

We hope that we will have the ability to make our own decisions throughout our lives, including at the end of our lives, but there is no guarantee things will work out that way. It can bring you peace of mind to plan ahead and designate someone you trust to make decisions for you in case you cannot.

This trusted person is known as a healthcare proxy, and is sometimes called a surrogate, representative, or agent. Here's what's involved in choosing someone to be your healthcare proxy, what a healthcare proxy can and cannot do, and how you might go about making this important decision.

What is a healthcare proxy?

A healthcare proxy is the person you designate to make your medical decisions, should you become unable to make them yourself because you're ill or incapacitated. To appoint a healthcare proxy, you can fill out a legal document called a durable power of attorney for healthcare. When this document is combined with a living will, it's called an advance directive. A living will is a legal document that describes your wishes and preferences for medical treatment.

Who should be a healthcare proxy?

The choice of whom you wish to be your healthcare proxy is completely up to you. It might be anyone you trust to make good medical decisions on your behalf, including a family member or friend.

In most states, there is an age requirement for the person you designate as your healthcare proxy, meaning they must be over 18. In a few states, the minimum age is 19. They must also be of sound mind. Other than those qualifications, it can be anyone you choose.

The American Bar Association recommends against choosing your healthcare provider, one of their staff, the owner or operator of your healthcare facility, your court-appointed guardian, or someone who is already a healthcare proxy for several people.

Keep in mind that your healthcare proxy is simply a backup plan. The person you choose will not be allowed to make any medical decisions for you unless the medical doctor in charge of your care determines that you're unable to make them for yourself.

What does a healthcare proxy do?

Laws about healthcare proxies vary from state to state, but these are the common things a healthcare proxy may do, unless otherwise stated in the advance directive:

• Be allowed to visit you first if you're in the hospital.
• Be given your personal belongings if they were collected by the hospital or law enforcement.
• Make decisions about your medical care, such as which procedures, services, or treatments you should receive.
• Decide where you will receive care and consult with your healthcare providers and caregivers.
• Oversee your medical information and hospital records.
• Become your guardian if it becomes necessary.
• Apply for private, public, government, or veteran aid if needed, such as Medicaid.
• Make decisions about stopping treatment, autopsy, tissue and organ donation, and end-of-life decisions like what happens to your body after you pass away.

Healthcare proxy vs. power of attorney: What's the difference?

A healthcare proxy or durable power of attorney for healthcare differs from a simple power of attorney. A power of attorney is a legal document drawn up by your lawyer that gives the person you choose power to make business decisions for you as well as manage your finances.

A durable power of attorney for healthcare only allows your healthcare proxy to make medical decisions for you. This is an important distinction and can cause confusion if not understood. A healthcare proxy does not take the place of a will.

How do I choose a healthcare proxy?

Here are some questions to ask yourself when choosing a healthcare proxy.

• Do I feel comfortable sharing my wishes and health priorities with this person?
• Am I confident this person will honor my wishes when the time comes?
• Do I trust them to make life and death decisions for me?
• Would this person be able to communicate compassionately but firmly with my loved ones, who may have different priorities for my care than those I've indicated are important to me?
• Do they live nearby? If not, could they travel in the event I need them?

It's a good idea to speak with two or three people about becoming your healthcare proxy. Then you can choose the one you think is most appropriate. It's possible to list a back-up proxy in case your healthcare proxy is unable to help.

Once you determine who you want to designate as your healthcare proxy, you can either have your attorney help you complete the paperwork, or you can download the proper form from your state. It’s wise to make sure that you know the specifics of your state's individual laws surrounding healthcare proxies. You may need to have witnesses to your signature and/or a notary.

After the paperwork is complete, make sure the appropriate people have a copy. One copy should go to your healthcare proxy and another to your healthcare provider. In addition, give your proxy your physician’s contact information and vice versa. It's possible to change your healthcare proxy at any time simply by redoing the paperwork. If you change it, make sure you update the information with your physician and let everyone involved know about the change.

It's a good idea to touch base with your healthcare proxy at least once a year. That will give you an opportunity to discuss any changes in your health or your wishes, or changes in their ability and availability to help you.

If you end up incapacitated and you don't have a healthcare proxy designated, any decisions that need to be made would be made by your next of kin. If the person you most trust is not your next of kin, it's even more important to make sure you have taken the necessary steps to designate your healthcare proxy.

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