What is a HCP?
A Health Care Proxy is a legal document in which you choose someone you trust and know to make health care decisions on your behalf if for any reason and at any time, you become unable to make those decisions yourself. Under the Health Care Proxy Law (Massachusetts General Laws, Chapter 201 D), any competent adult 18 years of age or over may use this form to appoint a Health Care Agent. You can appoint any adult EXCEPT the administrator, operator, or employee of a health care facility such as a hospital or nursing home where you are a patient or resident UNLESS that person is also related to you by blood, marriage, or adoption.
Who should have the original and copies?
After you have completed the health care proxy you should make at least four photocopies of the form. You should keep the original yourself where it can be found easily, in your safe deposit box is a common choice. The remaining copies you should be given to your doctor and/or health plan to put into your medical record; to your Agent and any Alternate Agent. You can also give any additional copies to trusted family members, your clergy and/or lawyer, and other people who may be involved in your health care decision making.
What can my Health Care Agent do?
Your Health Care Agent will essentially step into your shoes and make decisions you would have made for yourself about your health care, when you are, for some reason, unable to do that yourself. Some examples of when you would be unable to make these decisions for yourself would be if you were to become temporarily unconscious, in a coma, or have some other condition in which you cannot make or communicate health care decisions. Your Health Care Agent cannot act for you until your doctor determines, in writing, that you lack the ability to make health care decisions. Your doctor will tell you of this if there is any sign that you would understand it.
With your authority, your Health Care Agent can make any health care decision that you could, if you were able. If given full authority to act on your behalf your Health Care Agent can refuse or consent to any medical treatment, including treatment that could keep you alive.
Your Health Care Agent will make choices for you only after consulting with your doctor, and after fully considering all the options available regarding prognosis, diagnosis and treatment of your illness or condition. Your Health Care Agent has the legal authority to obtain information, including private medical information, essential to make knowledgeable decisions for you.
Your Health Care Agent will make health care choices for you according to your desires. It is very important that you communicate with your Health Care Agent so that they understand what is important to you. If your Health Care Agent doesn’t know what your desires would be in a particular situation, your Health Care Agent will decide based on what they think would be in your best interests. After your doctor has determined that you lack the ability to make health care decisions, if you still object to any decision made by your Health Care Agent, your own decisions will be honored unless a Court determines that you lack capacity to make health care decisions.
Your Health Care Agent’s choices will have the same authority as yours would, if you were able, and will be honored over those of any other person, except for any limitation you yourself made, or except for a Court Order specifically overruling the Proxy.
How can I cancel or revoke my Health Care Proxy?
Your Health Care Proxy is revoked when any of the following four things happens:
- You legally separate from or divorce your spouse who is named in the Proxy as your Agent.
- You sign another Health Care Proxy later on in time.
- You do anything else that clearly shows you want to revoke the Proxy, for example, tearing up or destroying the Proxy, crossing it out, telling other people, etc.
- You notify your Agent, your doctor, or other health care provider, orally or in writing, that you want to revoke your Health Care Proxy.
