Healthcare proxy

In the field of medicine, a healthcare proxy (commonly referred to as HCP) is a document (legal instrument) with which a patient (primary individual) appoints an agent to legally make healthcare decisions on behalf of the patient, when the patient is incapable of making and executing the healthcare decisions stipulated in the proxy.[1] Once the healthcare proxy is effective, the agent continues making healthcare decisions as long as the primary individual is legally competent to decide. Moreover, in legal-administrative functions, the healthcare proxy is a legal instrument akin to a "springing" healthcare power of attorney. The proxy must declare the healthcare agent who will gain durable power attorney. This document also notifies of the authority given from the principal to the agent and states the limitations of this authority.[2]

Those over the age of 18 are allowed to have a healthcare proxy, and these documents are useful in situations that render a person unable to communicate their wishes such as being in a persistent vegetative state, having a form of dementia or an illness that takes away one's ability to effectively communicate, or being under anesthesia when a decision needs to be made.[3] Healthcare proxies are one of three ways that surrogate decision makers are enacted, the other two being court orders and laws for the automatic succession of decision makers.[4] In contrast to a living will, healthcare proxies do not set out possible outcomes with predetermined reactions, rather they appoint someone to carry out the wishes of an individual.[5]

  1. ^ "Health Care Proxy - New York State Department of Health" (PDF). New York State Department of Health. Archived from the original (PDF) on 2014-06-11.
  2. ^ "General Law - Part II, Title II, Chapter 201D, Section 4". malegislature.gov. Retrieved 2018-10-30.
  3. ^ "Healthcare Proxy - Who Will Speak for You?". www.health.ny.gov. Retrieved 2018-10-29.
  4. ^ Moye J, Sabatino CP, Weintraub Brendel R (April 2013). "Evaluation of the capacity to appoint a healthcare proxy". The American Journal of Geriatric Psychiatry. 21 (4): 326–36. doi:10.1016/j.jagp.2012.09.001. PMC 4859336. PMID 23498379.
  5. ^ "Health Care Proxy/Living Will | Stony Brook Medicine". www.stonybrookmedicine.edu. Retrieved 2018-10-29.