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What is a "Health Care Proxy"?

By Christopher Vaughn-Martel

Massachusetts law allows every individual 18 years or older to appoint another person as her Health Care Agent. A Health Care Proxy is the legal instrument that appoints your trusted Health Care Agent and enables them to make and communicate important health care decisions on your behalf in the event you are unable to do so.

Whether you are unconscious for a period of hours or days as the result of an automobile accident, or incapacitated for longer periods of time as the result of a stroke or other debilitating illness, your doctors will turn to family members to make important medical decisions.

Without a Health Care Proxy, painful disagreements about your medical care can arise between family members and a spouse or partner. For example, who will be permitted to visit you in the hospital? In the event that you are in need of long-term care, should you be treated close to your same-sex partner, or close to your parents back in Connecticut? Would you want to be kept alive using 'heroic' measures such as artificial breathing and feeding, and for how long?

Even same-sex and opposite-sex married couples must prepare Health Care Proxies to prevent other family members, like parents, from attempting to take control of the medical care and medical decision-making process. (We all remember the tragic case of Terry Shiavo several years ago). Unfortunately, individuals in same-sex relationships will often have family members who are (or who may become) hostile to a spouse or partner, and who may refuse to acknowledge your relationship. This can have painful and tragic consequences during an already difficult time.

With a carefully prepared Health Care Proxy, you can ensure that your partner or spouse is legally entitled to make important and intimate medical care decisions in the event that you are no longer able.

Full post as published by Massachusetts Gay and Lesbian Legal Briefs on December 19, 2007 (boomark / email).