Health Care Proxy for the Terminally Ill

Understanding Your Health Care Proxy

When you or a loved one are facing a terminal illness, various legal and medical considerations come into play, one of the most crucial being the Health Care Proxy. This legal document holds immense significance in ensuring your wishes are honored and your medical care aligns with your preferences during your final stages of life.

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Health Care Proxy vs. Living Will vs. MOLST Form

First, it's essential to distinguish between a Health Care Proxy, a Living Will, and a MOLST (Medical Orders for Life-Sustaining Treatment) form. These documents serve distinct purposes:

Health Care Proxy: A Health Care Proxy is a legal document that designates a trusted individual, known as the proxy or agent, to make medical decisions on your behalf if you become unable to do so. It covers a broad range of medical choices and allows your proxy to act in your best interests based on the circumstances.
Living Will: A Living Will is a document that outlines your specific medical treatment preferences and directives. It typically addresses end-of-life decisions, such as whether you wish to be resuscitated, intubated, or artificially fed. While it provides guidance, a living will is not recognized in Massachusetts as a legally binding document.
MOLST Form: The MOLST form is a medical document that provides detailed instructions to healthcare providers regarding specific treatments in emergency situations. It focuses on immediate medical interventions and may include Do Not Resuscitate (DNR) orders or preferences for the use of ventilators. A valid health care proxy can override the instructions in a MOLST form.

The Role of Your Primary Care Doctor

Discussing the activation of your Health Care Proxy is a critical step in end-of-life planning. Your primary care doctor plays a pivotal role in this process. It's vital to initiate a conversation with your healthcare provider about when and under what circumstances your proxy should step in to make medical decisions on your behalf.
This dialogue ensures that:

Your doctor is aware of your wishes and the existence of the Health Care Proxy.
The trigger for proxy involvement is clearly defined, such as when you are no longer capable of making informed decisions due to your illness.
The health care provider understands the specific medical treatments or interventions you may or may not desire.

Having this conversation ahead of time prevents confusion and ensures that your medical team is aligned with your preferences, providing a seamless transition when your proxy needs to act on your behalf.

Sharing Your Health Care Proxy

Lastly, it's imperative to ensure that all your healthcare providers have a copy of your Health Care Proxy and are aware of who your designated proxy is. This step is often overlooked but is of utmost importance, especially in emergency situations or if you receive medical care in multiple settings.

Without this information readily available, healthcare providers may face bureaucratic hurdles and delays in consulting your proxy, potentially impacting the timely delivery of care. Make sure that copies of the Health Care Proxy are shared with hospitals, hospice providers, primary care doctors, specialists, and any other healthcare professionals involved in your care.

Conclusion

In conclusion, understanding the Health Care Proxy's role, differentiating it from a Living Will or MOLST form, having a clear conversation with your primary care doctor about its activation, and ensuring its accessibility to healthcare providers are essential steps in managing your medical decisions effectively during the final stages of life. These actions empower you and your proxy to make informed choices that align with your values and wishes, ensuring the best possible quality of care during this challenging time.

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Meet Our Estate Planning and Probate 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

Our experienced team can provide expert legal advice and support in creating and understanding Health Care Proxies, Living Wills, and other essential documents for end-of-life planning. We're here to ensure your wishes are honored during this challenging time. You can use the button below to schedule a free information call, or simply give us a call at 781-784-2322.