Category Archives: Health Care Proxy

How can a health care proxy be revoked?

There are a few ways that a health care proxy may be revoked.  It can be revoked if one of the following events occur: 1.  If you sign a different health care proxy at a later date, 2.  If you divorce or legally separate your spouse who you had named in your health care proxy…

Is a health care proxy required once one checks in at the hospital?

There is no requirement to sign a health care proxy however, it is highly recommended  in order to prepare for difficult situations and eliminate any problems.  While it is not required to sign a proxy, the Patient Self-Determination Act which was passed in 1990 requires hospitals, nursing homes, and other health care institutions to provide…

I just turned 18 years old. Should I execute a health care proxy?

Yes, health care proxies are not just for the elderly or those with kids. Once someone turns eighteen years of age, their parents are no longer entitled to make health care decisions on their behalf. Furthermore, they are not even allowed to obtain their son or daughters confidential medical information. Therefore, once one turns eighteen…

What is a Do Not Resuscitate (DNR) Order and how does it work?

EMTs and paramedics are required to resuscitate a person per their protocols.   For example, if someone is in cardiac or respiratory arrest, an EMT will be required to try to resuscitate this person.  The same applies for doctors and nurses at a hospital.  If you are in medical trouble, they will try to save your life….

Can a nurse be my health care agent in my proxy?

Massachusetts General Laws Chapter 201D, Section 3 says: “No person who is an operator, administrator or employee of a facility may be appointed as health care agent by an adult, who, at the time of executing the health care proxy is a patient or resident of such facility or has applied for admission to such…

Will my former spouse remain my health care agent after we divorce?

No, Massachusetts General Laws Chapter 201D, Section 7 says that “a health care proxy shall also be revoked upon: (i) execution by the principal of a subsequent health care proxy, or (ii) the divorce or legal separation of the principal and his spouse, where the spouse is the principal’s agent under a health care proxy.” This…

What if my doctor refuses to honor a health care proxy?

The law in Massachusetts allows a doctor to refuse to honor a Health Care Agent’s decision if the decision is contrary to the doctor’s moral or religious views. However, the physician must then help the Agent to transfer the patient into the care of another doctor in the same, or in an equivalent facility, who…

What is the Massachusetts Health Care Proxy?

The health care proxy provides protection for an individual’s right to determine the course of his medical care in the event of incapacity.  If you are at least 18 years old, you can designate a person that will make health care decisions for you if you are unable to make them yourself.  It should only go into…

Who should be your health care proxy?

One of the hardest parts of putting together an estate plan is deciding who should take over for you if you can’t care for yourself.  Who do you want to be your health care proxy? Most people immediately think of their closest family member – whether that be your parents, your children or your spouse….