Articles
The Importance of a Healthcare Proxy in Times of Crisis
on March 19, 2020In times of crisis, it is of paramount importance to have proper documents in place in the event that you fall seriously ill. A health care proxy is a legal document in which you to designate an agent to make medical decisions on your behalf if you become incapacitated. Oftentimes a health care proxy will include a place for you to outline your wishes regarding medical treatment preferences and end of life decisions, which is helpful guidance to your agent who may be faced with difficult decisions. Another important document that works in conjunction with the health care proxy is a HIPAA release, which allows your health care agent to access your medical records.
If you become incapacitated without these documents in place, your loved ones will be left with no option except to file a petition in the probate court to become your legal guardian. The guardianship process can be time intensive, expensive and stressful for families who are already dealing with a difficult situation. Depending on the nature of the emergency, getting the proper guardianship authority in place to make all necessary decisions may take several hearings. In addition, any court proceeding requires giving notice to interested parties, which leaves the door open for objections, conflict, and further delays. By executing a health care proxy and HIPAA release prior to any medical emergency, you have the opportunity to name an agent, alternates, and outline your wishes.
©2020. This material is intended to offer general information to clients and potential clients of the firm, which information is current to the best of our knowledge on the date indicated below. The information is general and should not be treated as specific legal advice applicable to a particular situation. Fletcher Tilton PC assumes no responsibility for any individual’s reliance on the information disseminated unless, of course, that reliance is as a result of the firm’s specific recommendation made to a client as part of our representation of the client. Please note that changes in the law occur and that information contained herein may need to be reverified from time to time to ensure it is still current. This information was last updated March 2020.
If you become incapacitated without these documents in place, your loved ones will be left with no option except to file a petition in the probate court to become your legal guardian. The guardianship process can be time intensive, expensive and stressful for families who are already dealing with a difficult situation. Depending on the nature of the emergency, getting the proper guardianship authority in place to make all necessary decisions may take several hearings. In addition, any court proceeding requires giving notice to interested parties, which leaves the door open for objections, conflict, and further delays. By executing a health care proxy and HIPAA release prior to any medical emergency, you have the opportunity to name an agent, alternates, and outline your wishes.
©2020. This material is intended to offer general information to clients and potential clients of the firm, which information is current to the best of our knowledge on the date indicated below. The information is general and should not be treated as specific legal advice applicable to a particular situation. Fletcher Tilton PC assumes no responsibility for any individual’s reliance on the information disseminated unless, of course, that reliance is as a result of the firm’s specific recommendation made to a client as part of our representation of the client. Please note that changes in the law occur and that information contained herein may need to be reverified from time to time to ensure it is still current. This information was last updated March 2020.
