Health Care Proxy:
Surrogate Decision Maker and Living Will Voice

A "health care proxy" is an advance directive that may also be referred to as a "Health Care Agent" or sometimes as a "Surrogate Medical Decision Maker."

It is an extremely important document to have. But, be careful to understand what you have executed, as "health care proxy" may be considered a generic term and cause confusion:

In Connecticut, for example, prior to October 1, 2006, there were two roles one could authorize in advance directives:

• medical attorney-in-fact
  
• health care agent
  

  Therefore, in Connecticut, if you refer to a "health care proxy", it may still be unclear what powers you have given:

  If you have executed only a power of attorney that gives "medical decisions" to another, then the agent named can make certain medical decisions, except end of life decisions, such as removing life support or refusing artificial nutrition and hydration.

  In Connecticut, you would need to have designated a the "Health Care Agent." As of powers-of-attorney executed on or after October 1, 2006, the medical power of attorney has ceased to exist; and the designation of health care agent is no longer an advance directive. Now, it is the "Designation of Health Care Representative." The health care representative is a merger of the former medical decision maker under a power of attorney with the health care agent.

  To link to the Connecticut statutes, click

  Connecticut

  So, generally speaking, now that you understand the importance of knowing your state's law, a

  Health Care Proxy, generally, allows you to designate whom you would want to speak for you, if,(or when) in the future, you were unable to speak for yourself.

  The Health Care Agent, or the "Health Care Proxy", or "Surrogate Decision Maker", as known in some states, acts as a liason between you, when you are unable to act for yourself, and the medical providers treating you.

  So, bottom line here, is: The term, "Health Care Proxy" can be generic and may cover more than one role. The use of the term, "Health Care Proxy" may be a little confusing, and the powers given, differ from state to state.

  Therefore, it is important to understand what powers the actual document you signed convey in your state.

  This is why it is recommended, at present, anyway, to use your state's version of the document.

  Nevertheless, the Health-Care-Proxy is very important, as the decisions this person will be making are often very difficult, emotional decisions.

  Many of your family members will want to, and may, weigh in, giving their well-intentioned opinions. Picture the doctor, with your various family members, each with a different opinion. Whom should the doctor communicate with? The one whom thinks most like the doctor??

  Friends and/or family members, unless authorized by state law, do not have legal rights to make decisions in your behalf.

  However, if you have appointed a Health-Care-Proxy, that agent is the one (unless you have designated more than one) that legally the doctor should be speaking with. The agent is the liason charged with conveying your wishes to the doctor, and taking the necessary steps to ensure that those wishes are carried out.

  Of course, there are often very gray areas and your health care proxy will have many questions about your condition to ask the medical provider when these decisions are being made.

  Therefore, it is recommended that the Health-Care-Proxy be drafted (and executed) with a

  HIPAA Release so that the medical provider will be able to provide your Health Care Proxy with your pertinent medical information. Without this release being part of this form, the doctor may not be willing to release your medical information to the agent.

  A form with no HIPAA release could present quite a conundrum: You give your agent the power to make your decisions regarding your wishes as to life support, etc., but your doctor does not feel free to discuss your pertinent medical condition with your agent.

  It is best to avoid uncertainty or confusion. Adding a HIPAA release to your health care proxy will provide the hospital, doctor, or other administrative personnel in the chain of command with a level of confidence that no law is being broken by the dissemination by them of highly protected medical information.

  For specific information about your state's forms and powers given to a Health Care Proxy-surrogate decision maker, scroll the site, and if you don't see what you need, check back later. This site is in progress and will be all-encompassing and will include your state's recommended Health-Care-Proxy form with a HIPAA Release.

  Stay tuned.