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Health care proxy

A health care proxy is a document that names an agent to make medical decisions for a person who cannot make those decisions. For owners of businesses, real estate and private investments, the proxy concerns medical decision making during incapacity. A living will serves a different function by recording desired medical care and treatments.

How it works

A health care proxy appoints an agent to make decisions during incapacity. A health care power of attorney authorizes someone to make medical decisions for a person unable to make them.

A living will records treatment preferences. An advance directive may include a living will and a medical power of attorney naming an agent.

Where it shows up for owners of businesses, real estate and private investments

A health care proxy addresses decisions about a person's medical care during incapacity. Business ownership, real estate and private investments do not change the proxy's described function of naming an agent for those decisions.

A living will addresses the person's treatment preferences.

Points that are easy to confuse

A health care proxy and a living will serve distinct roles. The proxy names an agent to make medical decisions during incapacity, while the living will states treatment preferences or care a person wants to receive or forgo.

A durable power of attorney is also described as appointing someone to make decisions during incapacity. The health care proxy and health care power of attorney descriptions concern medical decisions, while the living will records desired treatment.

Common questions

What does a health care proxy do?

A health care proxy names an agent to make medical decisions during incapacity.

How is a health care proxy different from a living will?

A living will records treatment preferences and states the medical care a person wants to receive or forgo.

Sources
  • Gaining Peace of Mind Through an Advance Directive, lerchearly.com (link)
  • Estate and Succession Planning for Delaware Farm Families, udel.edu (link)
  • Document from cfra.org, cfra.org (link)
  • Estate Planning for Farm Families (FS-972), extension.umd.edu (link)

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