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Health Care Proxy

A health care proxy is part of a package of documents that make up the medical directive portion of an estate plan. A health care proxy is the document that is drafted by an individual that names someone to make health care decisions when they are unable to do so due to incapacitation. These documents are not required by law by are useful when the person is unable to convey their wishes. Health care proxies typically are chosen due to the individual's trust in them to follow their wishes. If the individual has designated a health care proxy and made specific instruction on a proxy form or living will, these instructions must be followed, the proxy cannot make decisions that alter these; however, if there are no specific instructions the health care proxy can make decision based on what they know the individual would want.

Fast Facts

  • A health care proxy is not financially obligated for any decisions made.
  • In most states a health care proxy cannot be the person's physician as this creates a conflict of interest; the person may designate a physician that is not their own without controversy.

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