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Health Care Proxies, Advanced Directives and Consent Issues

Health Care Proxies, Advanced Directives and Consent Issues. Health Care Proxies.

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Health Care Proxies, Advanced Directives and Consent Issues

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  1. Health Care Proxies, Advanced Directives and Consent Issues

  2. Health Care Proxies • A legal document which gives a person,whom you designate, while you’re able to make decisions, the authority to make health care decisions for you if you become temporarily or permanently incapable of making those decisions. • Recognized in Massachusetts.

  3. Who Can Appoint a Proxy • Any competent adult 18 years of age or older may use the form to appoint a proxy for him/herself. • Emancipated minors, Mature Minors.

  4. Who Can Be an Agent? • You can appoint any adult, except, the administrator, operator, or employee of a health care facility where you are a patient, unless that person is a relative. • Appoint someone who knows and will respect your wishes.

  5. What Can My Agent Do? • Your agent cannot act for you until your doctor determines, in writing, that you are unable to act for yourself. • Your agent will make health care decisions for you according to your wishes or his/her assessment of your wishes, including your religious or moral beliefs.

  6. What Can My Agent Do? • Can have access to your medical information. • Can authorize who can and who cannot be given you medical information.

  7. Witnesses • Anyone but your Agent or your Alternate Agent can witness the proxy. • You need two witnesses. • Sign your proxy in the presence of your two witnesses.

  8. Witnesses • The witnesses are signing that the principal is at least 18 years old, of sound mind, and under no constraint or undue influence. • Nurses may witness Health Care Proxy.

  9. Health Care Proxy is Revocable • Sign another proxy later on. • Become legally separated or divorced from spouse who is agent. • Notify your agent, doctor, or other health care provider that you wish to revoke your health care proxy. • Tear up or destroy, cross out, tell others, etc.

  10. How Many Copies and Where Should They Be? • Make four copies. • Patient keeps original and places it somewhere where it can be found easily. • Copy for the medical record or MD’s office. • Copy for the Agent and Alternate.

  11. What if I Disagree????? • If you disagree with a decision that your Agent has made for you, after your MD has determined that you lack the ability to make health care decisions, then your own decisions will be honored unless a Court determines that you lack capacity to make health care decisions.

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