A health care proxy is a legal document that allows you to choose someone you trust to make medical decisions for you when you can’t do so yourself. It’s an important step in planning for your future medical care, regardless of your age or current health status.
In this document, you name an adult as your “health care agent” or “proxy.” This person can be anyone you trust, except your doctor or employees of your health care facility. Your agent can make a wide range of decisions on your behalf, including choosing or changing health care providers and facilities, agreeing to or refusing specific treatments or deciding on life-sustaining treatments.
How is it different from a durable power of attorney?
A health care proxy only deals with your medical decisions. A durable power of attorney, on the other hand, manages your financial and legal matters, including:
- Handling your finances and paying bills
- Signing legal documents for you
- Making decisions about your business
While your health care proxy takes effect when a doctor declares you are unable to make medical decisions, a durable power of attorney can start immediately or when you become incapacitated, depending on your choice.
How is it different from a personal directive or living will?
Living wills, also referred to as a “personal directive” in Massachusetts, are not legally binding like health care proxies. However, they can outline your preferences for medical treatment. This can guide your agent’s decisions, helping them understand your values and preferences for medical care.
How is it different from medical orders for life-sustaining treatments (MOLST)?
A MOLST is a form that you create with your health care provider, outlining specific instructions for your current care. It is a binding medical order mainly used for people with serious illnesses. All health care professionals, including emergency responders and hospitals, must follow these instructions immediately. A health care proxy, on the other hand, is for anyone and only becomes active when you cannot make decisions. If you’re unable to create a MOLST yourself, your agent may step in to help make these decisions.
Your health care wishes matter
It’s never too early to think about your health. To ensure your plan fits your specific needs, it’s crucial to seek advice from an attorney.