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Health Care Proxy

A Power of Attorney covers only financial decisions in the wake of incapacitating illness.  A separate document called a Health Care Proxy is needed to designate another person to make important healthcare decisions if you are unable to.  Without a healthcare proxy your doctor may be required to give you treatment that, if you were able to, would have refused. 

 

Some advantages of having a health care proxy are:

  • Gives discretion to the person appointed as your proxy to make health care decisions you may not have anticipated. 
  • For those decisions you had anticipated, your proxy must abide by those instructions
  • You are in charge of all health care decisions until a doctor determines you’re unable to do so.

 

In 1990 Terri Schiavo went into a persistent vegetative state rendering her unable to make healthcare decisions.  Her husband and parents were hopelessly deadlocked over whether to end life support.  If she had a Health Care Proxy it would have avoided 15 years of uncertainty that ended with a Florida Supreme Court decision allowing the husband to withdraw life support.

http://www.oag.state.ny.us/health/care_proxy.html