Family Law

When Should I Update My Health Care Proxy?

By Christopher Vaughn-Martel

Question: Assuming I have a current Health Care Proxy and Living Will in place, when or how often should I have these important healch care instruments reviewed or updated?

Answer: The American Bar Association?s Commission on Law & Aging suggests updating your health care wishes whenever any of the ?Five Ds? occur:

• DECADE ? when you start each decade of your life;
• DEATH ? whenever you experience the death of a loved one;
• DIVORCE ? whenever you experience a divorce or other major family change;
• DIAGNOSIS ? when you are diagnosed with a serious health condition; and
• DECLINE ? when you experience a significant decline or deterioration of an existing health condition, especially when it impacts your ability to live independently.

In addition, I would recommend updating your health care wishes if you move to a new state, or if you are spending long periods vacationing in another state.

For same-sex couples, updates should be made whenever important changes occur in the law with respect to the legal recognition of your relationship, or if you spend substantial periods of time traveling in states that do not afford the same legal recognition or rights as Massachusetts.

Lastly, you should update your health care wishes in the event that your previous documents no longer reflect your current wishes or outlook.

Always speak with an attorney regarding the proper way to revoke or make any changes in a prior Health Care Proxy or Living Will.

Full post as published by Massachusetts Gay and Lesbian Legal Briefs on December 11, 2007 (boomark / email).