Life Support

Healthcare Proxy

A healthcare proxy used in conjunction with a living will is called an advanced directive. The healthcare proxy gives the patient the power to choose their own healthcare agent, or someone who can make medical decisions for you when you are unable to communicate your wishes; a healthcare proxy informs physicians, nurses, and anyone else on the staff that may come in contact with the patient that the agent has been given the full responsibility of making medical decisions on your behalf.

A healthcare proxy enables an agent to:

• First visitation rights at the hospital.
• Manage any of the patient's personal belongings in the possession of the hospital or law enforcement once the patient has become incapacitated.
• Give permission for staff to administer treatment and perform surgical procedures.

A healthcare proxy does not take effect until the conditions specified in the document have been fulfilled. The requirements differ depending on the state in which you reside, but usually the document states that the proxy will be activated once the physician deems the patient incapacitated.

Gay, lesbian, bisexual, and transgendered people need to be aware that if they fail to fill out a healthcare proxy claiming your partner or friend as the agent, medical facilities and the court system will turn to your closest family member to make critical choices. As a result, your partner or friend will have no right in the eyes of the law to take part in the decision-making process. Remember that once a patient passes away, the healthcare proxy is nullified. At this point, the patient should have a will to provide all further instructions.

Since healthcare proxy regulations vary from state to state, it is wise to educate yourself on your state's criteria. Also, consider seeking some advice from a family or estate planning attorney who has relevant experience.