Estate planning is as much about personal emergencies as it is about mortality. It is possible to plan for future emergencies, including medical events that leave a person incapacitated.
In addition to an advance directive explaining personal preferences on specific medical matters, it may be beneficial to execute documents designating a health care proxy. A health care proxy has the legal authority to make decisions on behalf of an incapacitated individual. Selecting the right person for that critical role can be invaluable for an individual’s long-term health and protection.
Who is the right candidate?
Young adults who have just started out on their own might assume that their parents can act as their health care proxies and may not bother to draft documents. However, they need to have official paperwork in place designating a trusted individual as their proxy once they turn 18.
Married individuals might assume that their spouses can speak on their behalf, which is typically true. However, the same incident that puts one spouse in the hospital could cause similar injuries in the other spouse or even lead to their death.
It is typically beneficial to choose someone other than a spouse to make medical choices in an emergency. Those with adult children may went to consider choosing one of their children to serve as their health care proxy. Other times, choosing a close friend or a relative who is responsible but does not have the intense attachment of a child could be helpful to reduce the stress that the proxy experiences.
Every person has different options when selecting a health care proxy. Discussing potential candidates with a skilled legal team could help those establishing estate plans ensure that they nominate the right person for this critical role.