While your living will specifically addresses the type of medical your desire should you become unable to make decisions for yourself, it cannot possibly account for every possible circumstance.  Therefore, it is recommended that you have a health care proxy in addition to the living will.  A health care proxy is a trusted person that you appoint to make medical decisions for you when you are no longer able to make those decisions.  In the event your living will does not specifically address a medical decision, the health care proxy will also have authority to make that decision on your behalf.

The health care proxy may give the person acting on your behalf a broad range of authority as to medical decisions.  However, you may also limit the health care proxy’s authority and/or appoint two trusted individuals to act together as your health care proxy.  You could even make the health care proxy’s authority conditioned on a doctor declaring you are incompetent to make your own medical decisions.

Our firm works closely with our clients to ensure they understand their decision in appointing their health care proxy.  In this important process, our clients are as much involved in the drafting and implementing of their health care proxy, along with other estate planning documents, as we are.

The attorneys at James G. Dibbini & Associates, P.C. have over 20 years of experience in Wills, Trusts & Estates.

In order to learn more about the Health Care Proxy and how we can assist you with your Wills, Trusts & Estates matter, please feel free to contact us directly.