Why Having a Health Care Proxy Isn’t Enough: The Full Spectrum of Advance Directives
Planning for the future is essential, especially when it comes to making decisions about your health. Many people understand the importance of appointing a health care proxy, but that’s only part of the equation. To ensure that your wishes are fully respected, it’s important to go beyond just naming someone to make medical decisions on your behalf.
Here’s why having a health care proxy isn’t enough—and how the full spectrum of advance directives can provide comprehensive protection for you and your loved ones.
What Is a Health Care Proxy?
A health care proxy, also known as a health care agent, is a person you designate to make medical decisions for you when you're unable to make them yourself. This document becomes effective only when you're incapacitated, such as during a medical emergency or if you're unable to communicate your preferences due to illness.
The proxy’s role is crucial—but it’s limited in scope. While your proxy can help ensure that your medical treatment aligns with your wishes, other documents are necessary to address the range of scenarios that could arise.
The Full Spectrum of Advance Directives
Living Will
A living will outlines your preferences for specific medical treatments if you're incapacitated and unable to communicate. While the health care proxy grants someone decision-making power, the living will provides explicit instructions about life-sustaining treatments like artificial ventilation, feeding tubes, and resuscitation.Without a living will, your health care proxy may face tough decisions without clear guidance. By detailing your wishes in advance, you provide them with the confidence to make choices that reflect your values.
Do Not Resuscitate (DNR) Order
A DNR is a medical order that tells health care professionals not to perform CPR if your heart stops beating or you stop breathing. If you do not want life-saving measures in such circumstances, a DNR is necessary to ensure that your wishes are respected. This document must be signed by both you and your doctor.Do Not Intubate (DNI) Order
Similar to a DNR, a DNI directs medical professionals not to place you on a breathing machine if your lungs fail. This is especially important if you have strong feelings about life support and wish to avoid prolonged medical intervention under certain circumstances.HIPAA Authorization
The Health Insurance Portability and Accountability Act (HIPAA) is designed to protect your privacy. However, it can also prevent your loved ones from accessing vital medical information. By signing a HIPAA authorization, you give your health care proxy—and any other named individuals—access to your medical records, allowing them to make informed decisions about your care.Durable Power of Attorney (DPOA) for Financial Affairs
Medical decisions aren't the only ones that need to be considered when you're incapacitated. A DPOA for financial matters allows someone to manage your finances, pay bills, and handle any legal issues that may arise. Without this document, your loved ones may have to seek a guardianship to access your financial accounts—a process that is time-consuming and costly.
Why These Documents Matter
Each of these documents plays a unique role in ensuring that your wishes are respected. Relying solely on a health care proxy may leave critical gaps in your planning. For instance:
Without a living will, your health care proxy may be forced to make decisions about life-sustaining treatment without clear direction.
If you don’t have a DNR or DNI, medical professionals are legally required to take every step to save your life—even if it goes against your personal wishes.
Without a HIPAA release, your health care proxy may struggle to obtain the information needed to make informed choices about your care.
Tailoring Advance Directives to Your Needs
It’s crucial to sit down with an experienced estate planning attorney who can help you draft a comprehensive set of advance directives. These documents should reflect your personal values, religious beliefs, and preferences for end-of-life care.
Your attorney can also help you periodically review and update these directives as your circumstances or preferences change. Life events such as a major health diagnosis, the birth of a child, or the loss of a loved one may prompt you to adjust your plans.
Take the Next Step
While it’s comforting to know that a health care proxy can make decisions on your behalf, that’s only part of the story. The full spectrum of advance directives allows you to take control of your medical, legal, and financial affairs—even when you’re unable to communicate.
At Moskowitz Legal Group, we specialize in helping individuals and families create thorough, personalized advance directives. Contact us today for a free consultation, and let’s make sure your wishes are protected.
By taking these proactive steps now, you can ensure that your loved ones will be able to make the best decisions for your health and well-being in the future.
