What is a Health Care Proxy and Why is it an important document to have amidst the Cover-19 pandemic?
A Health Care Proxy is a very critical document that is often included in an estate plan. It is even more important to have today than ever before given the Covid-19 pandemic. A Health Care Proxy allows you to appoint someone that you trust to make medical decisions on your behalf in the event you become incapacitated and cannot make decisions for yourself. Without a signed Health Care Proxy, your state law will dictate who can make medical decisions for you. This person, in most cases, is a close relative.
A problem arises, however, when you do not have a close relative, the hospital does not know who your Proxy is or how to contact that person, or your family members do not agree as to how you should be cared for. When this happens, a very lengthy and expensive court proceeding may ensue. In New York, this proceeding is called an Article 81 Guardianship. In an Article 81 Guardianship, a qualified person, such as your spouse or child, submits a petition to the court requesting that they be appointed as your guardian. This process is expensive, paid from your assets, and can take months depending on the complexity of your case.
You want to prevent this from happening. You do not want to put your family through a Guardianship proceeding. In addition to being expensive, it can cause rift and discord in the family depending on the family dynamics. The best thing for you to do right now is to identify a person that you trust to make medical decisions for you. It can be anyone over 18 years of age. Once you have identified that person, speak to them about your health care wishes and ask them if they are willing to be your proxy and will make decisions consistent with your wishes. After you have done that, prepare a Health Care Proxy document. After proper preparation and execution of this document, you should carry a card in your wallet that list your emergency contacts, including the name, telephone number, and address of your Health Care Proxy. I highly recommend that this is drafted by an estate planning attorney so that they can advise you properly and make sure that the Health Care Proxy is legally enforceable and effective in carrying out your specific medical wishes. After speaking with an attorney, your attorney may decide that you need a more advance medical directive, such as a Living Will.
Today, as we hear more and more individuals are being hospitalized for Covid-19, you have to take action and prepare. Covid-19 does not discriminate. If we are not taking the proper precaution, you can be infected, and you do not know whether your symptoms will be mild or severe. There are numerous reports of young healthy individuals who passed away from Covid-19. I urge you to make a plan. Contact an attorney to make sure your plan is best suited for your needs and is legally enforceable. If you live in New York, I will be happy to provide you with the legal assistance you need at this time.
For more information or to book an appointment, please visit www.mnrobinsonlaw.com.
In addition, I will be hosting a free online legal clinic on April 2, 2020 from 10:00am -5:00pm. Go to https://linktr.ee/BookAnApointment to book a free 20 minutes consultation