What Is the Role of a Healthcare Proxy in Estate Planning?

Estate planning is an essential process that allows individuals to prepare for the future, addressing various financial, legal, and medical needs. One key element of estate planning is the designation of a healthcare proxy, a person assigned to make medical decisions on your behalf in case you're unable to make them for yourself. 

This document plays a critical role, especially in cases of severe illness or incapacitation, when the individual cannot communicate their desires regarding medical treatment. At my firm, The Law Office of Karen M. Holman in Winchester, Virginia, I help clients with the estate planning process from start to finish, including naming a healthcare proxy.

Understanding the importance of a healthcare proxy is crucial when crafting a comprehensive estate plan, and this responsibility often involves working with an estate planning attorney to make sure that all aspects are properly covered.

What Is a Healthcare Proxy?

A healthcare proxy is a legal document that designates a person to act on your behalf in making healthcare decisions if you’re unable to do so yourself. This document typically includes instructions regarding medical treatment, procedures, and life-sustaining interventions. 

The appointed person, often referred to as an agent, will have the authority to make choices about your medical care in situations where you can’t express your wishes. In Virginia, as with many other states, a healthcare proxy is a part of advanced medical directives, which may also include a living will. 

The healthcare proxy can be critical in cases where a person is unconscious, mentally impaired, or otherwise incapacitated. Without a healthcare proxy, there may be confusion or even conflict over who has the right to make these important decisions.

Why Should a Healthcare Proxy Be Part of Your Estate Plan?

Estate planning isn’t just about organizing your finances or distributing property after death. It involves preparing for the unexpected, including medical emergencies that may leave you incapacitated.

When someone is unable to make healthcare decisions, it can create confusion and lead to disputes among family members or medical professionals. The role of a healthcare proxy is to minimize these issues and make sure that someone you trust can make medical decisions that reflect your preferences.

A key reason this document is important is because it prevents the need for family members to fight over healthcare decisions. If you don’t designate a healthcare proxy, medical professionals may be forced to seek legal intervention to determine who has the authority to make decisions on your behalf. 

The healthcare proxy also helps prevent situations in which decisions are made based on assumptions or conflicting desires of family members. Your estate planning attorney can help you craft a healthcare proxy that covers a wide range of medical scenarios. Given this range, it’s crucial to pick the right person.

Choosing the Right Person to Serve as Your Healthcare Proxy

Choosing the right person to act as your healthcare proxy is an important decision. The individual you select should be someone who understands your values and your medical treatment preferences. 

This person should also be willing and able to handle the responsibilities involved in making life-or-death decisions. It’s a task that requires emotional strength and clear judgment.

In Virginia, the healthcare proxy doesn’t have to be a family member, though many people choose a close relative to fulfill this role. Some prefer appointing a trusted friend or advisor. Your estate planning attorney can help you evaluate potential candidates based on their ability to act in your best interest and make decisions aligned with your desires.

It’s important to have open and honest conversations with the person you choose to be your healthcare proxy. Discuss your medical treatment preferences, including end-of-life care and other critical medical decisions. This conversation will give the proxy a better understanding of your wishes and how to act on your behalf under Virginia law.

The Legal Requirements of a Healthcare Proxy in Virginia

In Virginia, a healthcare proxy is a legal document that must meet certain requirements to be valid. First, the document must be signed by you, the principal, in the presence of at least two witnesses who aren’t your healthcare provider or related to you by blood, marriage, or adoption. 

It’s also important that the document specifies the person you appoint as your agent and outlines their authority to make healthcare decisions on your behalf. A healthcare proxy may also be part of a broader set of advance directives, which may include a living will. 

A living will outlines your specific wishes regarding medical treatment, such as whether or not you want to receive life support if you’re in a terminal or vegetative state. Working with an estate planning attorney checks that your healthcare proxy and living will are properly prepared, signed, and legally binding according to Virginia law.

When Does a Healthcare Proxy Become Active?

A healthcare proxy only becomes active when you are unable to make your own healthcare decisions. This can occur due to a medical condition, accident, or other circumstances that render you incapacitated. 

It’s important to note that a healthcare proxy doesn’t grant the agent authority to make decisions while you’re still able to make those decisions for yourself. As long as you’re mentally competent and able to express your preferences, the healthcare proxy isn’t in effect.

If you become incapacitated, the healthcare provider typically works with the designated proxy to make the necessary decisions. The healthcare proxy document may also specify how to determine if you’re incapacitated, which could involve consultations with medical professionals.

Healthcare Proxy in Medical Decisions

The healthcare proxy plays a central role in making decisions related to your medical care when you can’t do so. This person has the legal authority to make a wide range of decisions on your behalf, including:

• Choosing medical treatments

• Deciding on the use of life-support equipment, such as ventilators

• Making decisions regarding organ donation

• Granting or denying surgery, medication, or other procedures

• Deciding where you will receive care, whether in a hospital, nursing home, or at home

• Determining whether to accept or refuse experimental treatments

The healthcare proxy must act according to your wishes, even if they’re difficult to implement or if other family members disagree. In cases where the healthcare proxy is unsure of your wishes, they must make decisions based on what they believe you would have wanted.

The Relationship Between a Healthcare Proxy and Other Estate Planning Documents

A healthcare proxy is one part of a larger estate planning process. Other important documents that often accompany a healthcare proxy in Virginia include:

• Living will: A living will outlines your preferences regarding medical treatment if you’re terminally ill or in a persistent vegetative state. It can work hand-in-hand with the healthcare proxy, providing specific guidance to the agent on how to make decisions.

• Durable power of attorney for healthcare: This is a document that grants someone the authority to act on your behalf in both medical and non-medical matters. A durable power of attorney can be broader in scope, while a healthcare proxy is specifically focused on healthcare decisions.

• Do not resuscitate (DNR) order: This document outlines your desire to not receive resuscitation efforts if your heart or breathing stops. It can be used in conjunction with the healthcare proxy to give clearer direction to healthcare providers.

An estate planning attorney can help you create these documents and make sure that your healthcare proxy works together with your other estate planning documents to give clear direction to your healthcare agents and family members.

Working with an Estate Planning Attorney

A healthcare proxy is a key document in estate planning, but it’s important to work with an estate planning attorney to make sure the document is legally valid and aligns with your other wishes. 

An estate planning attorney can help you craft the right healthcare proxy, clarify your wishes, and address any unique concerns you may have. Your attorney can also guide you in creating other important documents that work with your healthcare proxy, such as a living will and durable power of attorney.

It’s essential to regularly review and update your healthcare proxy as your health situation or wishes may change over time. Your estate planning attorney can help you make sure that your documents stay current and reflect your preferences as they evolve.

Connect with Experienced Legal Counsel

A healthcare proxy is an essential tool in estate planning, making sure that your medical decisions are made by someone you trust if you cannot make them yourself. Working with my firm in Winchester, Virginia can give you peace of mind throughout this process.

I serve clients across Northern Virginia, and the Shenandoah Valley, including Harrisonburg, Staunton, Woodstock, Strasburg, and Stephens City. Reach out to The Law Office of Karen M. Holman to learn more.