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Choosing a Health Care Proxy: Ensuring Your Medical Wishes Are Followed

Alan Lucks | MD

Medically reviewed by Alan Lucks | MD, Alan Lucks MDPC Private Practice - New York on August 13th, 2024.

Key Takeaways

  • A healthcare proxy becomes legally authorized to make medical decisions only when two physicians certify you're incapacitated—they cannot override your wishes while you're conscious and competent.
  • Legal requirements vary by state, but most require witnesses (typically 2 adults) or notarization, and some states prohibit your healthcare provider or facility employees from serving as your proxy.
  • Your designated proxy should know your values regarding life-sustaining treatment, pain management preferences, and quality-of-life priorities—vague instructions like "do everything" create confusion during crises.
  • Adults over 65 face a 40% chance of becoming incapacitated during a medical emergency, yet only 37% of Americans have completed advance directive paperwork.
  • Review and update your healthcare proxy designation every 3-5 years or after major life events like marriage, divorce, or your proxy's death—outdated documents can delay critical care decisions.

When it comes to your health care, it's crucial to have someone you trust to make decisions on your behalf if you become unable to do so yourself. This person, known as a health care proxy or health surrogate, acts as your representative in medical situations where you are incapacitated. Selecting the right person for this role and communicating your wishes clearly can ensure that your medical preferences are respected. A person may change their health care proxy if desired.

What Is a Health Care Proxy?

A health care proxy is an individual you designate to make health care decisions for you if you lose the ability to make them yourself. This person should be someone you trust, who knows you well, and who can make difficult decisions that align with your values and preferences.

How to Choose the Right Health Care Proxy

When selecting a health care proxy, consider the following factors:

  • Choose someone you trust, such as a close family member or friend

  • Ensure they have the emotional ability and presence of mind to make decisions in challenging situations

  • Select someone who will respect and carry out your wishes, regardless of the health scenario or care setting

Choosing a Health Care Proxy: Ensuring Your Medical Wishes Are Followed

Communicating Your Wishes to Your Health Care Proxy

Once you have chosen your health care proxy, it's essential to have an in-depth conversation about your values, beliefs, and preferences regarding medical care. Consider discussing topics such as:

  • Your personal faith or beliefs

  • Quality of life considerations

  • The possibility of dementia or disability

  • The financial and emotional burden of long-term care

It may be helpful to write a letter summarizing your conversation, which your proxy can refer to when making decisions on your behalf.

Formalizing Your Health Care Proxy

To legally designate your health care proxy, you need to complete a durable power of attorney for health care document. This can be done with the help of an attorney or by obtaining a free form from your state health department website. The document must be notarized and shared with your health care proxy and medical team.

The Importance of Having a Health Care Proxy

If you do not designate a health care proxy, the state may appoint a guardian to make decisions on your behalf. This means a stranger will be responsible for guessing your wishes. By selecting a health care proxy now, while you are of sound mind, you can ensure that your medical preferences are respected and carried out by someone you trust.

For more information on advance directives and health care proxies, visit the following resources:

The Bottom Line

Selecting a healthcare proxy requires choosing someone who understands your medical values and completing proper legal documentation before a health crisis occurs. The most important step is having detailed conversations with your chosen proxy about specific scenarios like artificial nutrition, mechanical ventilation, and end-of-life care preferences. If you're facing a serious medical condition and need guidance on advance care planning, Doctronic can provide quick answers about your options.

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