Estate planning is a vital process that allows individuals to control what happens to their property, assets, and health care in the event that they become incapacitated or pass away. While many people focus on things like wills and trusts, there are other essential documents that are equally important in ensuring your healthcare wishes are respected. Two such documents are healthcare proxies and living wills. These documents give you the power to appoint a trusted person to make healthcare decisions on your behalf and outline your wishes for medical treatment in specific situations.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup
What is a Healthcare Proxy? 
A healthcare proxy is a legal document that appoints a person to make healthcare decisions on your behalf if you become unable to make them yourself. This person, known as your healthcare agent or proxy, will be responsible for making decisions about your medical care, surgeries, and treatments when you are unable to express your preferences. The healthcare proxy document ensures that someone you trust can advocate for your best interests during medical emergencies, such as an accident or serious illness.
The healthcare proxy differs from a power of attorney, which typically allows someone to handle your financial or legal affairs. A healthcare proxy is specifically designed to address medical decisions. Without a healthcare proxy, your family or doctors may face difficulties in determining your wishes if you become incapacitated. In such situations, the courts may have to step in and appoint a guardian, which can lead to delays and complications in receiving medical care.
The Role of a Healthcare Proxy in Your Estate Plan
Including a healthcare proxy in your estate plan is essential for ensuring that your healthcare preferences are respected if you are ever unable to speak for yourself. Your healthcare proxy will have the authority to make decisions about your treatment, including life-saving measures, surgeries, medications, and end-of-life care. It is critical that you choose someone who understands your values and is willing to act in accordance with your wishes, especially in difficult situations.
When selecting a healthcare proxy, it is important to have open and honest conversations with the person you appoint. Discuss your values, beliefs, and any specific wishes you may have regarding medical treatment. This ensures that your proxy can make informed decisions that reflect your preferences. Make sure that your healthcare proxy is someone you trust and that they are legally designated in the appropriate document. A healthcare proxy should be prepared to act when needed, and they should be available to advocate for your best interests.
What is a Living Will?
A living will, also known as an advance directive, is another crucial component of an estate plan. Unlike a healthcare proxy, which designates someone to make decisions for you, a living will outlines your specific wishes for medical treatment in the event that you are unable to communicate. This document typically addresses situations like terminal illness, severe injury, or a coma. A living will includes instructions about what types of life-sustaining treatments you would or would not want, such as the use of a ventilator or feeding tube.
The living will document ensures that your wishes are clearly communicated to your healthcare providers, even if you cannot express them yourself. It can help prevent confusion or disagreements among family members about the type of care you should receive. A living will can also address your preferences regarding organ donation, resuscitation efforts, and whether you want to receive pain relief if you are nearing the end of your life.
The Role of a Living Will in Your Estate Plan
Incorporating a living will into your estate plan is vital for providing guidance to your healthcare proxy and medical team. A living will offers clear instructions about the types of medical treatment you want to receive in specific circumstances, particularly when you are unable to express those wishes. It reduces the burden on your loved ones to make difficult decisions on your behalf, especially when emotions are high. With a living will in place, you can rest assured that your medical treatment will be in line with your values and preferences.
For example, a living will may outline your preferences about whether you want to be placed on a ventilator or have life-sustaining measures used if you are in a vegetative state. It can also express your wishes for end-of-life care, including whether you want to receive palliative care or hospice services. The living will document is crucial in ensuring that you are treated with respect and that your wishes are upheld in difficult medical situations.
Why You Need Both a Healthcare Proxy and a Living Will
Both a healthcare proxy and a living will are important documents, but they serve different roles. A healthcare proxy allows you to appoint someone to make medical decisions for you if you become incapacitated, while a living will outlines specific medical treatments you want or do not want to receive in certain situations.
Having both documents in place gives you peace of mind, knowing that your healthcare wishes will be respected, regardless of the circumstances. While a healthcare proxy gives your designated agent the authority to make decisions on your behalf, a living will provides clear instructions for your agent and healthcare providers, ensuring that they understand your preferences in specific situations.
Together, these documents ensure that your healthcare decisions are made according to your wishes. They protect your dignity and ensure that your loved ones are not burdened with making difficult decisions in the heat of the moment. Having both a healthcare proxy and a living will ensures that your wishes are followed even when you cannot communicate them yourself.
Steps to Creating a Healthcare Proxy and Living Will
The process of creating a healthcare proxy and living will is straightforward, but it requires careful thought and planning. Here are the key steps to take in creating these important documents:
Consult an Estate Planning Attorney
An estate planning attorney can help ensure that your healthcare proxy and living will are legally valid and properly drafted. An attorney will also help you understand the laws in your state and ensure that the documents are tailored to your specific needs.
Choose Your Healthcare Proxy
Selecting the right person for your healthcare proxy is one of the most important decisions you will make. Choose someone who understands your healthcare values and is capable of making difficult decisions in your best interest. It is essential to discuss your preferences with them so that they can act in alignment with your wishes.
Outline Your Healthcare Preferences
In your living will, be specific about the medical treatments you would want or not want in various situations. For example, decide whether you would want life support measures if you are in a coma or if you would prefer to forgo such treatments.
Keep Your Documents Updated
Your healthcare preferences may change over time, so it is important to review your healthcare proxy and living will periodically. Make sure that they reflect your current values and wishes, especially if your health condition changes.
Share Your Documents
Once your healthcare proxy and living will are in place, share copies with your healthcare proxy, family members, and your doctors. Ensure that everyone who may need to make decisions on your behalf has a copy of the documents.
Healthcare proxies and living wills are essential components of an estate plan. These documents provide clarity and direction regarding your healthcare preferences, ensuring that your wishes are respected even if you cannot speak for yourself. By appointing a trusted individual as your healthcare proxy and outlining your preferences in a living will, you protect your dignity, reduce stress for your family, and ensure that your medical care aligns with your values. If you have not yet created these documents, it is essential to consult Friedman & Ranzenhofer, PC to help ensure your healthcare wishes are clearly expressed and legally enforceable.