Many details of an estate plan do not directly affect a testator. They draft documents with the goal of protecting their loved ones rather than the goal of benefiting directly from them. Of course, people do have the option of creating documents that protect them in moments of vulnerability as well.
Living documents that discuss medical incapacitation are a popular addition to modern estate plans. Adults in New York can draft powers of attorney designating someone they trust to handle their affairs if they become incapable of doing so. They can also designate someone to act as their health care proxy, which effectively means making decisions about their medical treatment.
How can people select the right candidate to hold the authority entrusted to a health care proxy?
Consider the health of candidates
One of the most important considerations is the age and overall health of prospective health care proxies. People need to empower individuals who are likely to remain healthy as they age. Most people select someone at least a generation younger than them to serve as their health care proxy.
Another consideration is the likelihood of the health care proxy to end up injured at the same time as the party drafting the documents. Spouses and romantic partners are often not the best choice because they might be present in a vehicle when an incapacitating crash occurs. They may be at risk of injury or death at the same time that the party entrusting them suffers injury.
Choose someone ethical and reliable
Beyond physical health and the likelihood of sustaining simultaneous injury, the personalities of potential candidates are also important considerations. Someone who is trustworthy enough to make decisions in another person’s best interests might be a viable candidate.
They also need to be confident enough to withstand scrutiny from health care providers and family members if people question the decisions the health care proxy makes on behalf of an incapacitated individual. They also need to be organized and fastidious so that they can effectively review documents and make decisions that align with the preferences outlined in the paperwork.
Many people choose children or other close family members who have displayed responsible character traits to serve as their health care proxy in the event of an emergency. Sometimes, individuals who have already selected an individual to hold that authority need to revise their documents to nominate an alternate candidate as their circumstances and relationships change.
Adding health care proxy paperwork to an estate plan can help ensure that people have the right protection in the event of an emergency. A health care proxy can guide the care an individual receives while potentially taking the pressure off of other family members in a difficult situation.
