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A Healthcare Power of Attorney is a legal document in which you appoint another adult (known as your "agent" or "proxy") to make medical decisions for you if you lose the ability to communicate or to decide for yourself. This includes making decisions about whether to remove or provide life-sustaining treatment. ble to communicate for yourself. 

You can give your health care agent as little or as much authority as you want to decide about all or only specific health care treatments. 

Your agent must act according to your known wishes. If your wishes are not known your agent must act in your best interests.

• An agent is not liable for treatment decisions made in good faith.
• An agent is not required to pay for your health care costs.

With a Healthcare Power of Attorney, the presumption is that when you appoint an agent, the agent knows all about your medical wishes. Some states permit you to include instructions to your agent in the document.

The document must be executed in the manner required by the state in which you live. If you move to, or are treated in, another state, an additional document which conforms to the law of that state should be executed (using the same proxy) so there is no question about whether the document is valid when needed (at which point it is too late to execute another document).

Free Healthcare Power of Attorney forms for each state are readily available.

It is advisable to tailor standard forms to your individual needs. For instance, standard forms don't generally state what you want to happen if there is a conflict between what your Proxy states and the terms of another document such as a Living Will.

It is also advisable to name an alternate Proxy in case the first person can't be reached, decides not to carry out your wishes, or is unable to serve as proxy.

There are six steps to choosing the best person to act as Proxy and the person to act as alternate Proxy. One of the steps involves thinking through your wishes. Another is a lengthy discussion with the person you are considering as Proxy to be sure he or she understands your wishes - is willing to enforce them. Yet another is whether the person actually has the ability and gumption to enforce your wishes.

Execute enough duplicate originals so you can give one to each of your doctors and to any medical faclity you enter. Store at least one original copy in a safe, easily accessible place (and be sure to tell the person/people involved, where the document is located).

Be sure that the people close to you know to contact the Proxy in case something happens - and how to make contact.

If you change your mind about your agent or treatment instructions, a Healthcare Power of Attorney can be revoked at any time simply by ripping up the document. In most states you can set an expiration date or other conditions for the proxy to expire. 

It is advisable to revisit your Healthcare Power of Attorney document and choice of Proxy/Alternate Proxy at least once a year (year end is a good time or tax time) as well as after any significant event.

• Reconsider both who you have appointed as Proxy as well as the wishes you've expressed to your Proxy. Beliefs can change over time.
• When you review the document, add your initials and the date so people know the document continues to reflect your wishes

NOTE:

• It is advisable to talk through with the person who will enforce your Living Will and who will act as your Healthcare Proxy how to enforce your wishes if the hospital or other health care provider doesn't agree.
• Carry a copy of your proxy form in your wallet. It will help emergency medical personnel figure out who to contact in an emergency. That information will help assure medical care will only be given in accordance with your wishes. You can download a wallet size version of a "Health Care Proxy" from the state of New York by clicking here . (P.S. It can't hurt to recommend that all family members carry a copy of their Health Care Proxy in their wallets).
• In order to retain as much control as possible, it is advisable to also have a Living Will which can serve as a written guide about your thoughts, and to consider whether to execute a Do Not Resuscitate directive which tells emergency personnel not to revive you if your heart or lungs stop working.

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