Just like a will, a health care proxy or a health care power of attorney is an important estate planning document. The health care proxy law also gives you the opportunity to write out specific instructions in the document concerning certain medical conditions, such as whether you would like to have your tissue or organ donated in a certain situation.
Having a health care proxy is essential in your estate plan because no one knows when incapacitation may strike. It may be from an accident, disease, or when you’re older. And by the time you have lost your legal competence to make decisions, you can no longer appoint a health care agent. That is why the time to create a health care proxy is now.
Create your health care proxy early.
A 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 Brooklyn health care proxy.
That is why it is very vital to have a 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.
However, 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 Brooklyn so that a family member can be appointed as a guardian of the individual to make health care decisions on his or her behalf.
An incapacitated individual needs health care agent
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.
Thus, having a valid Health Care Proxy in Brooklyn is crucial as it gives the individual the right to select whom 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.
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.
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 in Brooklyn.
Your health care agent is bound by their fiduciary responsibility
Your health care agent assigned in your health care proxy document is bound by their fiduciary responsibility to always act according to those wishes. If your wishes are not known, they must make a decision they believe will work to your best interests (in good faith). Consequentially, the health care proxy laws also bind hospitals and health care professionals to always obey the instructions of your agent since they’re legally acting in your stead.
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.
Having a health care proxy is essential in your estate plan because no one knows when incapacitation may strike. It may be from an accident, disease, or when you’re older. And by the time you have lost your legal competence to make decisions, you can no longer appoint a health care agent. That is why the time to create a health care proxy is now.
Contact Us.
Contact our office if you have questions regarding a health care proxy in Brookyln, or if you need an estate planning attorney. Our attorneys are experienced and versed in matters regarding health care proxy and can help in setting up one for you.
