A healthcare proxy is an essential component of any estate plan, especially for people who have chronic health issues. However, even if you have a healthcare proxy, it may not be as useful as you might want if you have not updated it in a long time. But why might you need to update your healthcare proxy, and what happens if you do not?
What is a Healthcare Proxy?
A healthcare proxy is a type of document known as an advance directive, which dictates how people should care for you if you become unable to handle your own affairs or make your own decisions. Specifically, it grants another person the right to make healthcare decisions on your behalf. This includes everything from consenting to medications or courses of treatment, to giving approval to surgery, and even approving hospice or end of life care.
How Does a Healthcare Proxy Help You?
A healthcare proxy can be useful to you because it can lay out exactly how you want to be cared for, and who you want making essential healthcare decisions on your behalf. That way, you can be sure you will be treated the way you want to be treated if you become unable to make those decisions yourself. It also means your care will be placed in the hands of someone you trust, rather than being given to a court-appointed guardian who may not even be someone you know.
Why Might You Need to Update It?
If it has been several years since you created or updated your healthcare proxy, it might be time to revisit it. This is because your specific wishes might change over time, including who you want to give the authority to make your healthcare decisions. Periodically revising your advance directives, or any other part of your estate plan, can be essential to avoiding unnecessary headaches in the event that you become incapacitated.
What Should You Do?
If you have not revisited your healthcare proxy or any other part of your estate plan in a while, you may wish to speak to an estate law attorney sooner rather than later. They can help you go over your estate plan and make sure that it is in compliance with your wishes. They can also help you update anything that may need to be updated, which can help you avoid potential legal issues in the future.
The estate planning attorneys at David J. Lorber & Associates, PLLC will work with you to handle all of your trust and estate law needs, including assisting in estate law litigation. 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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