Are There Healthcare Decisions A Proxy Cannot Make For The Patient?

One concern many people have when making a living will is that the individuals they assign to be their healthcare proxies will make decisions for them they find objectionable. While this is a valid concern, it's one you don't need to worry too much about, because your healthcare proxies will typically be barred from making certain serious decisions for you. Here's what you should know about this issue.

Decisions That are Prohibited

It goes without saying that a doctor will not perform any action you specifically prohibit in your living will. If you do not want your healthcare proxy to pull the plug even if you are brain dead, the medical professionals will not follow any contrary directions from your proxy.

There are several other things doctors will not do if directed by your healthcare proxy, even if they are not addressed in your living will. These include:

• Performing a sterilization procedure
• Performing an abortion
• Admitting you into a mental health facility
• Perform unnecessary surgeries
• Perform a mercy killing
• Subject you to an extreme psychiatric treatment

The only time medical professionals will perform any of these functions is if you authorize them in the advance medical directive or they are necessary to adhere to your wishes. For instance, if you state that you want to the doctors to save your life over a child you're carrying, then the doctor may perform an abortion if it is required to prevent your death. However, your healthcare proxy can't just order the doctor to perform any of the above actions if there is no medical justification for them.

When a Proxy's Authorization May Be Revoked

It goes without saying that you should only choose someone you trust to be your healthcare proxy. However, you are not required to continue to have that person as your representative for all time. You can revoke the proxy's authority at any time, even when you're in the hospital.

There are several ways you can revoke a proxy's authorization:

• You create a new living will naming another person (the best way since it leaves no room for misunderstandings)
• You and your healthcare proxy legally separate (many states will consider the living will revoked upon divorce)
• You tell your healthcare provider orally or in writing that you do not want the person making decisions for you any longer (which is beneficial if you are concerned about the care you are receiving)
• You destroy the living will or tell other people (e.g. family members) you want to revoke the person's authority

Thus, if you are concerned your healthcare proxy may be making objectionable decisions regarding your health, you are free to remove his or her right to do so at any time.

For more information about living wills or help creating one, contact an attorney or visit websites like http://wrightlawidaho.com/.