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If you do not have a health care proxy who makes medical decisions?
Wiki User
∙ 16y ago
You need a Medical Durable Power of Attorney. *I am not a lawyer. This is not legal advice. Please consult with a professional before taking action.*
Wiki User
∙ 16y ago
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What is a health care proxy?
A health care proxy, or health care proxy form, is a legal document that allows a person to choose someone to make medical decisions on their behalf when they are unable to do so
Patient that is under arrest and is unable to make medical decisions who makes the decisions to decide the medical care?
This person needs to have a Healthcare Proxy. This is someone who will make ONLY their medical decisions, and is court appointed. Usually the court will appoint a family member. A person who is under arrest still has the autonomy to make their own medical decisions, Only a person who is incompetent (determined by the court), or who does not have capacity (determined by a physician) can NOT make their own medical decisions. If you wish to become this persons health care decision maker, you need to seek the necessary forms to become their healthcare proxy (most hospitals have the forms or should at least be able to tell you how to get them).
Does healthcare proxy supercede next of kin?
A health care proxy is someone that can make decisions for you if you are too incapacitated to do so yourself. And yes, whomever you chose to be your proxy will supersede next of kin.
What is another name for Living Will?
health care proxy advanced directive medical power of attorney
If parents are not married does the child have more right to make medical decisions for one of them than the other parent?
The answer is no. The child would need a Durable Power of Attorney or qualified health proxy to make legal medical decisions for either parent. The child would need to be at least eighteen years of age to qualify as an attorney in fact.
You father is ill and you are in jail can your step sibling make a decision about your father's medical care?
No. A step child has no legal right to make medical decisions for your father unless they were granted that power by your father under a power of attorney or health proxy document or by a court order.
When is a health care proxy put into effect?
It is put into effect only when the patient's health care team determines that the patient is unable to make decisions on his or her own.
Is there a such thing as legal medical custody?
That is not what it is called but there are several different ways a person can have the legal authority to make medical decisions for another person. A person can grant it by using a durable power of attorney or a medical power of attorney. It can also be done through a health proxy. All would become operative if the principal becomes incapacitated and unable to make decisions on their own.If an individual becomes incapacitated and has not already executed one of the above, an interested party can petition the probate court to be appointed their legal guardian. A legal guardian can make medical decisions on behalf of the ward.You should consult with an attorney who can review your situation and explain your options.That is not what it is called but there are several different ways a person can have the legal authority to make medical decisions for another person. A person can grant it by using a durable power of attorney or a medical power of attorney. It can also be done through a health proxy. All would become operative if the principal becomes incapacitated and unable to make decisions on their own.If an individual becomes incapacitated and has not already executed one of the above, an interested party can petition the probate court to be appointed their legal guardian. A legal guardian can make medical decisions on behalf of the ward.You should consult with an attorney who can review your situation and explain your options.That is not what it is called but there are several different ways a person can have the legal authority to make medical decisions for another person. A person can grant it by using a durable power of attorney or a medical power of attorney. It can also be done through a health proxy. All would become operative if the principal becomes incapacitated and unable to make decisions on their own.If an individual becomes incapacitated and has not already executed one of the above, an interested party can petition the probate court to be appointed their legal guardian. A legal guardian can make medical decisions on behalf of the ward.You should consult with an attorney who can review your situation and explain your options.That is not what it is called but there are several different ways a person can have the legal authority to make medical decisions for another person. A person can grant it by using a durable power of attorney or a medical power of attorney. It can also be done through a health proxy. All would become operative if the principal becomes incapacitated and unable to make decisions on their own.If an individual becomes incapacitated and has not already executed one of the above, an interested party can petition the probate court to be appointed their legal guardian. A legal guardian can make medical decisions on behalf of the ward.You should consult with an attorney who can review your situation and explain your options.
Healthcare Planning with Advance Medical Directives?
Many people think that planning for end of life and making other critical healthcare decisions is for senior citizens. The truth is that anyone could end up in a situation where they are incapacitated and unable to make decisions regarding their healthcare. To ensure that your wishes and values are honored if you become incapacitated, you should consider establishing advance medical directives. Advance medical directives are a group of documents that list your medical treatment preferences and designate who will make decisions for you. These documents include a living will, the health care proxy and the durable power of attorney. The living will is a written legal document that specifies the medical treatments that you prefer and what life saving measures your doctors and hospital staff are permitted to use if you are incapacitated. Before completing your living will, speak with your physician about potential medical situations and treatments that you may want to include in your will. The health care proxy document allows you to designate a proxy, or agent, who will make decisions relating to your healthcare if you become incapacitated for any reason. You may also choose to designate an alternate proxy in the event that your primary agent is unable to make decisions. Your proxy will not legally begin making decisions for you until your physician notifies him or her in writing that you are no longer able to make decisions. A durable power of attorney document designates a person who can legally take care of your finances, such as bill payments, while you are medically incapacitated. You can choose the same person that you chose as your health care proxy, or you can choose someone else. All fifty states and the District of Columbia have enacted laws and regulations regarding advance medical directives. The specific names of the documents vary from state to state, and an attorney can assist you with completing the forms and documents that comply with the laws in your state. You can choose to create all three of these documents, or only one or two. You may also prepare these documents yourself; valid health care proxy forms, in particular, are available at many hospitals and other medical facilities. You will need to sign the documents, and most states require the signatures of two other adults. Some states may also require that the documents are notarized. Copies of the final documents should be given to your physician and the people you have chosen as your proxies.
How can a health care proxy be changed?
Appointing a health care proxy is not an irrevocable decision. One can change or revoke the proxy at any time, usually by filling out a new form
What forms other then Durable Power of Attorney gives someone permission to make medical decisions?
A Medical POA can be executed that grants the authority to make medical decisions only. In most states a person can name a Health Care Proxy, in writing, and that person can make medical decisions only if and when the principal becomes incapacitated as certified by a doctor. A Living Will can direct what type of medical treatment is desired when the patient can no longer make decisions consciously. These are all forms of Advance Medical Directives and should be discussed with an attorney or other legal advocate before any is executed. They do not give the named representative any authority over the principal's property or estate. See the related question link and other links below for additional information.
Why am I not allowed to see my wife's medical records in a mental health facility?
HIPAA regulations are designed to protect the patient's privacy and covers the situation where spouses are separated, divorcing, or do not always want to share information with each other, this includes medical information. Also you may need to prove you are the spouse. The spouse/wife needs to sign a release allowing information to be shared with specific people and that may be someone other than the husband. A Health Care Proxy or Power of Attorney may be able to get access to the information though only the Health Care Proxy can make medical decisions if they contradict medical advice.
