A health care proxy is a legal document that allows an individual (the principal) to designate another individual who will make important health care decisions on his or her behalf during incapacitation.
Without a health care proxy, the court will step in and designate an individual to make those important health care decisions on your behalf. Thus, it is crucial that you set up or create a health care proxy before it is too late.
An incapacitated individual needs a health care agent via the Queens Health Care Proxy
This is very essential because if an individual is incapacitated, they will require a health care agent through a health care proxy or a Guardian of the person to legally make health care choices for the incapacitated individual.
That agent or Guardian is important in order to manage, coordinate, and consent to all medical choices, medical care, medical procedures, surgery, including anesthesia for the incapacitated individual who can no longer make decisions on his or herself.
Thus, having a valid Health Care Proxy is crucial as it gives the individual the right to select who they want to make those important health care decisions on their behalf.
That is why the individual must be proactive and have a health care proxy set up as part of their estate plan.
This will provide the family members with the right legal tools and leverage in order to properly assist and handle family affairs without going through formal legal Guardianship proceedings.
A valid Health Care Proxy in Queens Cannot Be Made by and Individual with a Mental or Medical Condition:
A valid health care proxy cannot be created by an individual who is plagued with a mental or medical defect which has affected their ability to understand things, such an individual would no longer be able to legally sign and draft a valid health care proxy.
That is why it is very vital to have a Queens health care proxy created when an individual is in the right health condition, before an unfortunate incident happens to them. If an individual doesn’t meet the legal capacity standards to execute a health care proxy due to a mental or medical issue, it is too late to have one created.
But, in that particular situation, if a valid health care proxy hasn’t and cannot be created due to lost legal capacity, our elder law and estate planning attorneys can help bring an Article 81 Guardianship proceeding in Queens so that a family member can be appointed as a guardian of the individual to make health care decisions on his or her behalf.
Health care proxy and Living Will
Your health care proxy is different from your living will. The living will only contains your wishes for healthcare in certain end-of-life medical conditions. You don’t appoint a health care agent in a living will. The health care proxy form must contain the signature of the principal and two witnesses of 18 years or above. The agent cannot be a witness.
Frequently asked questions on Health care proxy
What happens if the appointed agent is unwilling or physically unavailable?
You have the opportunity to name an alternate or secondary agent who will act in the event the primary agent isn’t available or willing.
Can a health care agent be sued for making a medical decision they make?
So long your agent makes the decision in good faith on your behalf; they cannot be sued for whatever results.
Who pays the health care costs?
Your health care agent is not expected to pay the costs of your health care. This will be footed with your funds or whatever health care insurance you have opted for.
Bottom-line
Without a health care proxy, the court will step in and designate an individual to make those important health care decisions on your behalf. Thus, it is crucial that you set up or create a health care proxy before it is too late.
Contact us
Contact our office if you have questions regarding a health care proxy in Queens, or if you need an estate planning attorney. Our probate attorneys are experienced and versed in matters regarding health care proxy and can help in setting up one for you.
