What is a Health Care Proxy
Understanding the Significance of a Health Care Proxy in Estate PlanningWhen working with an estate planning lawyer, one of the essential legal documents they'll recommend is a health care proxy. Also referred to as a medical power of attorney, this document plays a crucial role in ensuring your health care wishes are upheld, even when you cannot communicate them yourself.
|
We're Here to Help.OR
|
Can You Specify Treatment Decisions in a Health Care Proxy?
In some states, individuals can create a living will, allowing them to outline their treatment preferences. These preferences might cover life-sustaining treatments and the specific circumstances under which they should or should not be administered.
However, it's important to note that Massachusetts does not recognize living wills. Instead, our state law acknowledges the power of a health care proxy, granting your designated health care agent or proxy the authority to make medical decisions on your behalf. While you may not have the option to create a living will, the exercise of considering your treatment preferences can serve as a valuable guide to your chosen proxy.
Additionally, having a health care proxy in place is essential, especially if you travel or reside in states that do recognize living wills. In such cases, your health care proxy can prevent unnecessary or unwanted medical decisions, aligning with your documented preferences.
However, it's important to note that Massachusetts does not recognize living wills. Instead, our state law acknowledges the power of a health care proxy, granting your designated health care agent or proxy the authority to make medical decisions on your behalf. While you may not have the option to create a living will, the exercise of considering your treatment preferences can serve as a valuable guide to your chosen proxy.
Additionally, having a health care proxy in place is essential, especially if you travel or reside in states that do recognize living wills. In such cases, your health care proxy can prevent unnecessary or unwanted medical decisions, aligning with your documented preferences.
Does the Health Care Proxy Authorize Financial Decisions?
It's crucial to understand that a health care proxy exclusively addresses medical decisions. It does not grant the authority to make financial decisions on your behalf. If you wish to designate someone for financial matters, you should consult your attorney regarding either a springing or durable power of attorney.
When Should You Have a Health Care Proxy?
The misconception that a health care proxy is only relevant for the elderly or those with terminal illnesses is a common one. However, the truth is, individuals of all ages should consider this critical document as soon as they become adults.
Parents, in particular, should be aware that once a child turns 18, their legal authority to make medical decisions on their behalf diminishes. It is highly advisable to have your young adult complete and sign a health care proxy document, especially before they embark on their college journey or move out of state. This precaution ensures that in case of illness or injury, and if they are unable to communicate their preferences, there is a trustworthy person designated to make those decisions on their behalf.
Parents, in particular, should be aware that once a child turns 18, their legal authority to make medical decisions on their behalf diminishes. It is highly advisable to have your young adult complete and sign a health care proxy document, especially before they embark on their college journey or move out of state. This precaution ensures that in case of illness or injury, and if they are unable to communicate their preferences, there is a trustworthy person designated to make those decisions on their behalf.
Meet Our Estate Planning Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna wrote a book on estate planning: The Road to Peace of Mind: What You Need to Know About Estate Planning. Jenna has helped many individuals and families with planning to protect their legacies and loved ones, and planning for the future and succession of their businesses.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and earned her LLM in estate planning from Western New England Scool of Law in 2016. She has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped many clients with planning for their legacies and their future, and navigating the probate process in Massachusetts after the death of a loved one.
How We Can Help
A health care proxy is not just a document for the elderly; it is an essential part of responsible estate planning that should be considered by all adults, offering peace of mind and a clear path to honoring your health care wishes, regardless of your age or health status. We are ready to help. You can use the button below to schedule a free information call, or simply give us a call at 781-784-2322.
|
|
|
|
|
