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8 Things To Know About Medical Power Of Attorney

By April 5, 2016December 21st, 2017Uncategorized

Peace of Mind blog postNone of us are getting out of here alive! That is the ultimate factor that links all humans together. And when it comes time for a loved one who starts to experience medical issues, you want to have the peace of mind that you can address and respond to the medical professionals. A Health Care Proxy or Medical Power of Attorney will help in allowing a loved one help making medical decisions in times of need.

Health Care Power of Attorney or Proxy

What is a health care proxy?

A health care proxy is a document executed by a competent person (the principal) giving another person (the agent) the authority to make health care decisions for the principal if he or she is unable to communicate such decisions him- or herself.

Why have a health care proxy?

In case you ever become incapacitated, it is important that someone has the legal to communicate your wishes concerning medical treatment. This is true especially if you were to disagree with family members or they were to disagree among themselves about your treatment. By executing a health care proxy, you ensure that the directions that you have given your agent will be carried out in the event of such disagreement.

Whom should I appoint as my agent?

Since your agent is going to have the authority to make medical decisions for you in the event you are unable to make such decisions yourself, it should be a family member or friend that you trust will follow your wishes. Before executing a health care proxy, you should talk to the person whom you want to name as your agent about your wishes concerning medical decisions, especially life-sustaining treatment.

Should I have a medical directive?

A medical directive provides your agent with instructions on what type of care you would like. If you wish, you may include a medical directive in your health care proxy. It may include specific instructions concerning the initiation or termination of life-sustaining treatment or a more broad statement granting general authority for all medical decisions that are important to you.

When does a health care proxy take effect?

A health care proxy takes effect only when you require medical treatment and are unable to communicate your wishes concerning your treatment.

What if I regain the ability to communicate my own decisions?

If you become able to express your wishes at any time, you will be listened to and the health care proxy will have no effect.

Who should have a copy of my health care proxy?

Your agent should have the original document. You should have a copy and your physician should have a copy with your medical records.

How can I get a health care proxy?

Contact our office 401-401.648.7000 to discuss preparing a health care proxy that best reflects your or a loved ones goals.


Matthew J. Leonard, Esq. has devoted his practice to handling the legal needs of individuals and their business interests through all stages of life. As an attorney with the law firm of Salter McGowan Sylvia & Leonard, Inc., he has been engaged to handle matters from basic to sophisticated involving Estate Planning, Elder Law, Medicaid Planning, Probate, Trust and Estate Administration, Real Estate, Business Transactions, Business Creation and related litigation.