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	<title>Boston Estate PlanningHealth Care Proxy | Boston Estate Planning</title>
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	<description>Boston Estate Planning, Wills and Trust</description>
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		<title>How can a health care proxy be revoked?</title>
		<link>http://boston-estate-planning.com/health-care-proxy/how-can-health-care-proxy-be-revoked/</link>
		<comments>http://boston-estate-planning.com/health-care-proxy/how-can-health-care-proxy-be-revoked/#comments</comments>
		<pubDate>Fri, 08 Apr 2011 15:43:35 +0000</pubDate>
		<dc:creator>gabrielcheong</dc:creator>
				<category><![CDATA[Health Care Proxy]]></category>
		<category><![CDATA[revoke]]></category>

		<guid isPermaLink="false">http://boston-estate-planning.com/?p=281</guid>
		<description><![CDATA[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...]]></description>
			<content:encoded><![CDATA[<p>There are a few ways that a health care proxy may be revoked.  It can be revoked if one of the following events occur:</p>
<p>1.  If you sign a different health care proxy at a later date,</p>
<p>2.  If you divorce or legally separate your spouse who you had named in your health care proxy as your agent,</p>
<p>3. If you notify your agent, doctor, or any other health care provider, either orally or in writing, that you are revoking your health care proxy,</p>
<p>4. And finally, if you do anything that will show that you want to revoke your proxy, such as telling other people that you are revoking it, ripping the proxy, etc.</p>
<p>&nbsp;</p>
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		<title>Is a health care proxy required once one checks in at the hospital?</title>
		<link>http://boston-estate-planning.com/health-care-proxy/health-care-proxy-required-once-one-checks-at-hospital/</link>
		<comments>http://boston-estate-planning.com/health-care-proxy/health-care-proxy-required-once-one-checks-at-hospital/#comments</comments>
		<pubDate>Thu, 07 Apr 2011 16:28:31 +0000</pubDate>
		<dc:creator>gabrielcheong</dc:creator>
				<category><![CDATA[Health Care Proxy]]></category>
		<category><![CDATA[hospital]]></category>

		<guid isPermaLink="false">http://boston-estate-planning.com/?p=278</guid>
		<description><![CDATA[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...]]></description>
			<content:encoded><![CDATA[<p>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 information to patients regarding treatment methods if a life-sustaining event were to occur and to inform them that they have the option of naming a health care agent.</p>
<p>Furthermore, if you have already executed a health care proxy in the past, you will not need to sign a new one.  However, it will be important to provide the health care institution with a copy of this proxy.  You can either provide them with a copy of your own, ask your attorney to send the hospital a copy, or ideally have a copy handy with your Primary Care Physician (PCP) so the hospital can contact your PCP and have them send it to the hospital.</p>
<p>&nbsp;</p>
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		<title>I just turned 18 years old. Should I execute a health care proxy?</title>
		<link>http://boston-estate-planning.com/health-care-proxy/i-just-turned-years-old-should-i-execute-health-care-proxy/</link>
		<comments>http://boston-estate-planning.com/health-care-proxy/i-just-turned-years-old-should-i-execute-health-care-proxy/#comments</comments>
		<pubDate>Thu, 24 Mar 2011 14:50:28 +0000</pubDate>
		<dc:creator>gabrielcheong</dc:creator>
				<category><![CDATA[Health Care Proxy]]></category>

		<guid isPermaLink="false">http://boston-estate-planning.com/?p=268</guid>
		<description><![CDATA[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...]]></description>
			<content:encoded><![CDATA[<p>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 years old they should highly consider executing a health care proxy in order to allow someone that they trust to make medical decisions on their behalf and access their medical information if they are unable to do so on their own. While you may never need this, it is important that you have one just in case something were to happen.</p>
<p>For parents with kids in college here in Boston, this is especially important because your child is away at college and medical emergencies could arise and without a properly executed health care proxy for your child, parents can run into problems with doctors and hospitals.</p>
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		<item>
		<title>What is a Do Not Resuscitate (DNR) Order and how does it work?</title>
		<link>http://boston-estate-planning.com/estate-planning/do-not-resuscitate-dnr-order-how-does-work/</link>
		<comments>http://boston-estate-planning.com/estate-planning/do-not-resuscitate-dnr-order-how-does-work/#comments</comments>
		<pubDate>Mon, 27 Dec 2010 14:30:25 +0000</pubDate>
		<dc:creator>gabrielcheong</dc:creator>
				<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[Health Care Proxy]]></category>

		<guid isPermaLink="false">http://boston-estate-planning.com/?p=239</guid>
		<description><![CDATA[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....]]></description>
			<content:encoded><![CDATA[<p>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.</p>
<p>If you have filled out a Do Not Resuscitate order and someone is able to show proof of this order to the ambulatory service or the hospital, then they will follow the wishes of the executor of the form and not use measures that will further your life if you are in critical condition.</p>
<p>Why would someone want this?  Many people who are in hospice care, end of life care, or who are terminally ill will choose to do this in order to not prolong the inevitable.  It is a choice that is personal to each individual person and you should speak with your family and loved ones about your choice so they understand it when the time comes.</p>
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		<title>Can a nurse be my health care agent in my proxy?</title>
		<link>http://boston-estate-planning.com/health-care-proxy/can-nurse-be-my-health-care-agent-my-proxy/</link>
		<comments>http://boston-estate-planning.com/health-care-proxy/can-nurse-be-my-health-care-agent-my-proxy/#comments</comments>
		<pubDate>Fri, 22 Oct 2010 14:30:31 +0000</pubDate>
		<dc:creator>gabrielcheong</dc:creator>
				<category><![CDATA[Health Care Proxy]]></category>

		<guid isPermaLink="false">http://boston-estate-planning.com/?p=221</guid>
		<description><![CDATA[Massachusetts General Laws Chapter 201D, Section 3 says: &#8220;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...]]></description>
			<content:encoded><![CDATA[<p>Massachusetts General Laws Chapter 201D, Section 3 says: &#8220;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 facility unless said operator, administrator or employee is related to the principal by blood, marriage or adoption.&#8221;</p>
<p>Based on this language, you may name a nurse as your health care agent as well as a doctor as long as they do not work at a medical facility where you are, or may become, a patient.   However, if they are related to you by blood, marriage, or adoption they will be able to be your health care agent regardless.</p>
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		<slash:comments>0</slash:comments>
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		<item>
		<title>Will my former spouse remain my health care agent after we divorce?</title>
		<link>http://boston-estate-planning.com/divorce/will-my-former-spouse-remain-my-health-care-agent-after-divorce/</link>
		<comments>http://boston-estate-planning.com/divorce/will-my-former-spouse-remain-my-health-care-agent-after-divorce/#comments</comments>
		<pubDate>Thu, 16 Sep 2010 14:34:50 +0000</pubDate>
		<dc:creator>gabrielcheong</dc:creator>
				<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Health Care Proxy]]></category>

		<guid isPermaLink="false">http://boston-estate-planning.com/?p=199</guid>
		<description><![CDATA[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...]]></description>
			<content:encoded><![CDATA[<p>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.”</p>
<p>This means that if you are divorced or even separated from your spouse, and you had named them as your health care agent, you will no longer have a health care agent.  You would need to execute a new health care agent that names someone else as your agent.</p>
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		<item>
		<title>What if my doctor refuses to honor a health care proxy?</title>
		<link>http://boston-estate-planning.com/health-care-proxy/if-my-doctor-refuses-honor-health-care-proxy/</link>
		<comments>http://boston-estate-planning.com/health-care-proxy/if-my-doctor-refuses-honor-health-care-proxy/#comments</comments>
		<pubDate>Tue, 17 Aug 2010 14:29:27 +0000</pubDate>
		<dc:creator>gabrielcheong</dc:creator>
				<category><![CDATA[Health Care Proxy]]></category>

		<guid isPermaLink="false">http://boston-estate-planning.com/?p=196</guid>
		<description><![CDATA[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...]]></description>
			<content:encoded><![CDATA[<p>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 will honor the Agent’s health care proxy decision.  If the doctor is unable to arrange such transfer, the physician has to seek judicial relief or honor the agent’s decision (Mass. Gen. Laws. ch. 201D).</p>
<p>In order to avoid this type of problem, one should plan ahead and communicate with their doctor before they become ill.  You should tell your doctor of your proxy and wishes regarding medical treatment and determine ahead of time whether your doctor would be willing to comply with your wishes.</p>
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		<item>
		<title>What is the Massachusetts Health Care Proxy?</title>
		<link>http://boston-estate-planning.com/health-care-proxy/massachusetts-health-care-proxy/</link>
		<comments>http://boston-estate-planning.com/health-care-proxy/massachusetts-health-care-proxy/#comments</comments>
		<pubDate>Mon, 10 May 2010 16:13:31 +0000</pubDate>
		<dc:creator>gabrielcheong</dc:creator>
				<category><![CDATA[Health Care Proxy]]></category>

		<guid isPermaLink="false">http://boston-estate-planning.com/?p=142</guid>
		<description><![CDATA[The health care proxy provides protection for an individual&#8217;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...]]></description>
			<content:encoded><![CDATA[<p>The health care proxy provides protection for an individual&#8217;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 effect if you can no longer make decisions for yourself due to physical or mental incapacity. You also have the right to cancel this document at any time as long as you are still of sound mind.</p>
<p>The person you designate as your spokesman or advocate doesn’t have to be a family member.  They only need to be someone you trust will keep your wishes met and speak for you.</p>
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		<slash:comments>0</slash:comments>
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		<item>
		<title>Who should be your health care proxy?</title>
		<link>http://boston-estate-planning.com/estate-planning/who-should-be-your-health-care-proxy/</link>
		<comments>http://boston-estate-planning.com/estate-planning/who-should-be-your-health-care-proxy/#comments</comments>
		<pubDate>Tue, 24 Nov 2009 14:30:18 +0000</pubDate>
		<dc:creator>gabrielcheong</dc:creator>
				<category><![CDATA[Estate Planning]]></category>
		<category><![CDATA[Health Care Proxy]]></category>
		<category><![CDATA[agent]]></category>
		<category><![CDATA[heath care proxy]]></category>

		<guid isPermaLink="false">http://boston-estate-planning.com/?p=80</guid>
		<description><![CDATA[One of the hardest parts of putting together an estate plan is deciding who should take over for you if you can&#8217;t care for yourself.  Who do you want to be your health care proxy? Most people immediately think of their closest family member &#8211; whether that be your parents, your children or your spouse....]]></description>
			<content:encoded><![CDATA[<p>One of the hardest parts of putting together an estate plan is deciding who should take over for you if you can&#8217;t care for yourself.  Who do you want to be your <a href="http://boston-estate-planning.com/health-care-proxy/everyone-needs-a-health-care-proxy-why/" target="_blank">health care proxy</a>?</p>
<p>Most people immediately think of their closest family member &#8211; whether that be your parents, your children or your spouse.  However, that might not be the best person to be making medical decisions for you in case of your incapacity.</p>
<p>Family members have the hardest time letting go.  One of the big responsibilities of a health care agent or proxy is to possibly stop life-sustaining medical care if you&#8217;re ever in a persistent vegetative state or coma.  This responsibility can be extremely hard for a close family member to carry out even if you have had a discussion about it with them in the past and/or you have it written down in a health care directive or living will.</p>
<p>Perhaps it would serve both you and your family better if instead of a close family member being your health care agent, you nominate a very close friend instead.  Not to say that some friends aren&#8217;t like family, but generally speaking, friends might be less emotionally affected with making a decision such as ending life-sustaining medical procedures than a very close family member would.</p>
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		<title>Lie to Me</title>
		<link>http://boston-estate-planning.com/health-care-proxy/lie-me/</link>
		<comments>http://boston-estate-planning.com/health-care-proxy/lie-me/#comments</comments>
		<pubDate>Sun, 01 Nov 2009 17:42:39 +0000</pubDate>
		<dc:creator>gabrielcheong</dc:creator>
				<category><![CDATA[Health Care Proxy]]></category>
		<category><![CDATA[Will]]></category>

		<guid isPermaLink="false">http://boston-estate-planning.comstate/?p=54</guid>
		<description><![CDATA[NPR Talk of the Nation did a great piece recently about caring for alzheimer&#8217;s patients. Specifically, what to do when they ask you about a dead family member who they don&#8217;t remember has passed. Do you tell them that they&#8217;ve passed or do you lie to them? Is it ethical to lie to the elderly?...]]></description>
			<content:encoded><![CDATA[<p>NPR Talk of the Nation did a great piece recently about caring for alzheimer&#8217;s patients.  Specifically, what to do when they ask you about a dead family member who they don&#8217;t remember has passed.  Do you tell them that they&#8217;ve passed or do you lie to them?  Is it ethical to lie to the elderly?</p>
<p>[<a href="http://www.npr.org/templates/story/story.php?storyId=104310422" target="_blank">NPR: Talk of the Nation Segment</a>]</p>
<p>An excellent suggestion that the host made was that perhaps if you know you&#8217;re going to be prone to having alzheimer&#8217;s due to family history, maybe you could consider putting an instruction in your living will (or a Health Care Directive as we call it here in Massachusetts) that allows your health care proxy, nurse or caregiver to lie to you  when you get to that sustained memory loss stage where it would do more harm than good to be truthful.  In doing so, you not only taking the ethical debate out (since you said it was OK to do so in advance), but you also take the pressure off the caregiver by telling them, &#8220;Hey, it&#8217;s OK to lie to me.  It&#8217;s better this way.&#8221;</p>
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