A sudden illness or medical emergency can leave you unable to make or communicate healthcare decisions. When that happens, determining who has the authority to make decisions on your behalf becomes a critical question.
Planning ahead allows you to choose a trusted decision-maker before a crisis occurs. Documents such as a health care proxy or medical power of attorney can give that person the legal authority to act for you if you become incapacitated.
At Foster + Bloom, our attorneys can help you prepare the necessary documents and ensure your wishes are respected.
Who Makes Medical Decisions if You Are Incapacitated?
Many people choose to complete a health care proxy or medical power of attorney, which allows them to designate a trusted person to make healthcare decisions on their behalf if they become incapacitated.
If no decision-maker has been designated, state law will determine who has authority to act. While the specific rules vary by state, decision-making authority is often granted to a spouse, adult child, parent or other close relative.
What Is a Health Care Proxy?
A health care proxy is a legal document that allows you to designate someone you trust to make healthcare decisions on your behalf if you become unable to make or communicate those decisions yourself.
The person you appoint only gains decision-making authority when you are incapacitated or otherwise unable to communicate your wishes. At that point, they may work with your healthcare providers, review medical information and make treatment decisions based on your preferences and best interests.
By creating a health care proxy, you can choose who will speak on your behalf during a medical emergency rather than relying on the default decision-makers established by state law.
Who Can Make Medical Decisions for Me?
If you create a health care proxy or medical power of attorney, you can usually choose a trusted adult to make medical decisions on your behalf if you become unable to do so. Common choices include a spouse, partner, adult child, parent, sibling, or close friend.
Eligibility and authority can vary by state, and the proper legal documents must be in place for your chosen person to act. Without clear documentation, state law may determine who has decision-making authority, and that person may not be the individual you would have selected.
What Happens if You Don’t Have a Health Care Proxy?
If you become unable to make medical decisions and have not designated a healthcare proxy, state law will determine who can act on your behalf. In many states, decision-making authority passes to a spouse, adult child, parent or other close relative.
While these default rules provide a framework, they do not always reflect a person’s preferences. Family members may disagree about treatment decisions, or there may be uncertainty about who should be making those choices.
In some situations, disputes or the absence of an appropriate decision-maker can lead to delays and court involvement. Creating a health care proxy helps provide clarity and ensures the person making decisions is someone you have chosen and trust.
Choosing the Right Person to Make Medical Decisions
Selecting the person who will speak for you in a medical emergency is a deeply personal choice. You want to choose someone who knows you well and possesses the specific qualities needed to advocate for you during a stressful time. When choosing your healthcare proxy, look for someone who:
- Is Trustworthy and Reliable: They must be willing to honor your wishes, even if their personal beliefs differ from yours.
- Communicates Clearly: They will need to ask doctors tough questions and process complex medical information.
- Stands Strong Under Pressure: Medical emergencies are stressful, and your proxy must be able to make calm, rational decisions.
- Is Willing to Serve: Always ask the person for their consent before naming them in your legal documents.
Talk With Your Health Care Proxy Before Naming Them
Selecting a healthcare proxy is one step in planning for the future. You should also have an open conversation with the person you plan to appoint about your values, treatment preferences and views on issues such as life support, pain management and organ donation.
You may also want to create a living will or advance directive. These documents outline your healthcare preferences in writing and can help your proxy and medical providers make decisions that align with your wishes during a medical emergency.
How a Health Care Proxy Fits Into Your Estate Plan
A health care proxy is one part of a broader incapacity and estate plan. While it gives someone authority to make medical decisions on your behalf, other planning documents can provide additional guidance and support if you become unable to manage your own affairs. These documents often work together:
- Health Care Proxy: Names the person who can communicate with healthcare providers and make medical decisions on your behalf.
- Living Will or Advance Directive: Provides written instructions about your healthcare preferences, helping guide both your proxy and your medical team.
- Financial Power of Attorney: Allows someone to manage financial matters while your healthcare proxy focuses on medical decisions.
- Other Estate Planning Documents: Wills, trusts and related planning tools help ensure your broader wishes are documented and carried out.
Together, these documents can help communicate your preferences, reduce uncertainty for your loved ones and ensure the right people have authority to act if you become incapacitated.
Protect Your Wishes With a Clear Plan
Planning for medical decision-making is an important part of protecting yourself and the people you care about. Putting the right documents in place can help ensure your wishes are respected, reduce uncertainty for your loved ones and provide guidance during difficult situations.
At Foster + Bloom, our attorneys can assist with health care proxies, advance directives, powers of attorney and other planning documents designed to provide clarity and peace of mind.