SUBUMBER Healthcare Proxy Protection

What is a Healthcare Proxy?

A Healthcare Proxy, also known as a Medical Power of Attorney or Healthcare Surrogate, is a legal document that designates someone to make medical decisions on your behalf when you cannot make them yourself. This person becomes your voice in healthcare situations.

Unlike a living will which provides specific instructions, a healthcare proxy empowers a trusted person to make real-time decisions based on circumstances that may not have been anticipated.

When a Healthcare Proxy Acts

Your healthcare proxy can make decisions when:

• You are unconscious or in a coma
• You have severe dementia or Alzheimer's disease
• You are under anesthesia during surgery
• You have a mental health crisis affecting decision-making
• You have a traumatic brain injury
• You are otherwise deemed unable to understand or communicate healthcare decisions

Medical professionals determine when you lack capacity to make your own decisions.

Powers and Responsibilities

Your healthcare proxy can:

• Consent to or refuse medical treatments
• Choose healthcare providers and facilities
• Access your medical records (with HIPAA authorization)
• Make decisions about life-sustaining treatments
• Authorize pain management approaches
• Decide about organ donation (if not specified elsewhere)
• Make arrangements for hospice or palliative care
• Authorize experimental treatments or clinical trials

Selecting Your Healthcare Proxy

Choose someone who:

• Understands Your Values: Knows your beliefs about quality of life and medical care
• Can Handle Pressure: Remains calm in stressful medical situations
• Is Assertive: Will advocate for your wishes even if others disagree
• Is Available: Can be reached quickly in emergencies
• Is Willing: Accepts the responsibility and emotional burden
• Can Separate Emotions: Makes decisions based on your wishes, not their own

Discussion Topics with Your Proxy

• Your feelings about life support and artificial nutrition
• Quality of life considerations and what makes life meaningful
• Religious or spiritual beliefs affecting medical decisions
• Preferences for aggressive treatment vs. comfort care
• Thoughts on experimental treatments
• Organ and tissue donation wishes
• Preferred healthcare facilities
• Any treatments you absolutely do or don't want

HIPAA Authorization

Include HIPAA authorization with your healthcare proxy to ensure your agent can:

• Access all medical records and test results
• Discuss your condition with healthcare providers
• Obtain second opinions
• Review treatment history
• Transfer medical records between facilities

Without HIPAA authorization, privacy laws may prevent your proxy from getting necessary information.

Alternate Agents

Always name at least one alternate agent in case your primary choice:

• Is unavailable during an emergency
• Becomes incapacitated themselves
• Is emotionally unable to make decisions
• Has a conflict of interest
• Predeceases you

List alternates in order of preference and ensure they understand their potential role.

Limitations and Considerations

• Proxy cannot override your own decisions while you're competent
• Cannot make decisions contrary to your known wishes
• May face family opposition to their decisions
• Cannot consent to psychiatric commitment in most states
• Authority ends at your death (executor takes over)
• May have limitations on certain treatments by state law

Updating Your Healthcare Proxy

Review and update your healthcare proxy when:

• Your health status changes significantly
• Your relationship with your proxy changes
• Your proxy becomes unable or unwilling to serve
• You move to a different state
• Your treatment preferences change
• Every 3-5 years as a general review