Health care proxy

A healthcare proxy is a legal instrument that enables an individual, referred to as the principal, to designate an agent to make medical decisions on their behalf should they become incapacitated and unable to make such decisions. This instrument acts as a safety net, ensuring that even if an individual cannot communicate, their health preferences are respected.

Overview

Once the healthcare proxy is established, the principal retains their right to make health decisions as long as they remain competent. Depending on the region, having a healthcare proxy might be optional or mandatory. Notably, in many legal systems, the terms "healthcare proxy" and "springing health care power of attorney" are used interchangeably.

Criteria for Appointing an Agent

• Eligibility Restrictions: Some jurisdictions may exclude specific individuals from serving as agents, such as treating physicians.
• Desirable Qualities: The agent should ideally be a person who is intimately familiar with and trusted by the principal to ensure that the principal's wishes are appropriately executed.

Powers and Limitations of the Agent

• Activation: The agent's authority is recognized once a qualified physician establishes the principal's incapacity.
• Decision Scope:
  • The agent can decide on measures like the continuation or removal of life-sustaining treatments such as feeding tubes.
  • The agent's decisions should always align with the preferences outlined by the principal in the healthcare proxy document. In instances where a living will or advanced health care directive exists, these documents might take precedence over the proxy based on jurisdictional laws and the exact language used.
• Liabilities: The agent is generally shielded from legal or financial liabilities for decisions made in good faith and in alignment with the principal's desires.

Typical Structure of a Healthcare Proxy Form in the USA

While healthcare proxies are widely recognized across the USA, with endorsements in 49 states and the District of Columbia, the form structure may vary. Common elements in these forms include:

• Details of the designated agent and an alternate.
• Defined operative period of the proxy.
• Clauses or directives detailing specific medical preferences or limits on agent authority.
• Signatures from the principal and at least two unrelated adult witnesses.
• Potential stipulations on tissue or organ donation.
• Optionally, consultation with legal counsel to ensure the document aligns with the principal's desires and legal standards.
• Distribution of the signed proxy to relevant stakeholders, and a recommendation for the principal to always carry a copy.

UK Legal Framework

In England and Wales, provisions under the Mental Capacity Act 2005 allow for:

• Designation of an independent mental health capacity advocate.
• The creation of a lasting power of attorney for health and well-being matters, which can serve a similar purpose to a healthcare proxy.
• It's worth noting that the specifics of these arrangements can differ in other regions of the UK.

See Also

• Advance healthcare directive
• Power of attorney
• Medical ethics
• Advance health care directive
• Living will
• Uniform Rights of the Terminally Ill Act
• Do Not Resuscitate
• Patient refusal of nutrition and hydration
• Estate planning
• Ulysses pact

Health care proxy Resources
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