Health Care Proxy

A health care proxy allows you to appoint an agent, and alternate agents, to act on your behalf for medical decision-making, when your condition prevents you from making your own decisions. It may, but is not required to, include an expression of your desires concerning medical treatment in the event you are suffering from a terminal illness or condition which will not permit you to regain a meaningful existence. You can also express your desire that every possible medical treatment be tried, and that you do not want the doctors to withhold any possible treatment or terminate life support.

In Massachusetts, if you express your objection to a medical decision made by your health care agent, your wishes control unless a court rules that you lack capacity to make health care decisions. However, the wishes expressed in your health care proxy, if not in violation of the law, will be given significant weight.

In Maryland, you may execute a living will, which expresses your desires in a legally-binding way. A Maryland living will complements the appointment of a health care agent.

Before executing a health care proxy, you should carefully consider the obligations you are placing on your agent. We strongly recommend that you discuss with your health care agent, and any alternate agents, your wishes and desires in the event of a health care crisis. Discussing these issues with your agents and loved ones will make it easier for them in the event difficult decisions have to be made.

Your health care agent can also act as an advocate on your behalf, to obtain access to your medical records and to obtain clear explanations from your doctors regarding treatment at a time when you are in a weakened state. We recommend that the primary agent be living nearby so that they are able to visit the hospital and speak face-to-face with you and your attending medical personnel. One or more alternate agents can be appointed in the event the primary health care agent is unavailable.

Please note that by executing a new health care proxy, you revoke any pre-existing health care proxies. If you have executed an individually-tailored health care proxy, do not automatically execute a new one on standardized hospital forms. Multiple copies of your custom health care proxies are advisable, including one for your primary care physician, one for your specialist if any, one for your records at your local hospital, one for each of your agents and yourself, and one for your file at your attorney's. The latter can be faxed upon request to other institutions.

If you have additional questions regarding a health care proxy, please contact us at (781) 237-7766 for an appointment.

The address of this website is: http://www.jamesoncooper.com

Our email address is: hwc@jamesoncooper.com

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