For most people, a healthcare proxy can be an important and effective component of a comprehensive estate plan. However, not everyone takes the time to make sure they have a healthcare proxy or other important advance directives. But what might happen if you don’t have one, and how can you make sure your estate plan has everything you need?
What is a Healthcare Proxy?
A healthcare proxy is a type of advance directive, a document which dictates what happens if you become unable to care for yourself or make your own decisions. More specifically, it lays out who can legally make medical decisions on your behalf if you can no longer make those decisions yourself, such as from a severe illness or injury. This authority is generally quite broad, allowing someone to learn sensitive medical information, giving them the right to give informed consent for medical procedures on your behalf, and even allowing them to place you on palliative care.
How Does a Healthcare Proxy Help You?
A healthcare proxy is helpful because it allows you to place someone in charge of your medical care that you trust. They can make medical decisions on your behalf when you cannot do so yourself, avoiding complications that might arise due to ambiguity over who is responsible for your care. This allows you to receive care promptly, giving you the best chance of success while minimizing potential legal or financial issues.
What Happens if You Don’t Have a Healthcare Proxy?
Without a healthcare proxy, your loved ones may need to seek guardianship in the event that you become incapacitated. This requires going to a court and asking them to appoint a legal guardian, which can be a complicated process that may result in someone you do not trust, or even possibly someone you do not know, being put in charge of your care. For obvious reasons, most people tend to want to avoid this scenario.
What Should You Do?
The best way to protect your interests is to speak to a lawyer with experience handling estate law matters. They can help you review the circumstances of your situation and ensure you have an estate plan that suits your needs and the needs of your loved ones. The sooner you get in contact, the sooner they can get to work on your behalf.
The estate law attorneys at David J. Lorber & Associates, PLLC will work with you to create an estate plan that suits your needs, and help you to protect yourself and your loved ones. For comprehensive estate and elder law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office.
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