Health Care Proxy in Your Estate Plan in NY

Health Care Proxy in Your Estate Plan in NY

Many people in New York do have an estate plan these days. Does your New York estate plan have a health care proxy? What is a health care proxy? What are the benefits of having a health care proxy? You need a Medicaid attorney to help you. Just to avoid medical fraud penalties that you may be prone to. Who are the best Medicaid attorneys in New York? Need answers? You reached the right place.

All About A Health Care Proxy In Your Estate plan:

A health care proxy is a type of estate planning that allows you to appoint a trusted person to make decisions concerning your health in a period where you may not be in the capacity to think for yourself. This incapacity could be a result of various reasons such as brain disease, stroke, or any other reasons that can render you incapacitated. The person you appoint is called an agent. Naming an alternate agent who will step in for you in case the agent is not available is encouraged. The agent makes decisions such as which hospital you should be treated to, which doctors to attend to you. Also, they observe your medical progress and make consultations and enquire about your situation. They can also be there to uphold your advance directives and make sure everything is done according to your wishes. Choosing a health care proxy needs a lot of reasoning. Having a health care proxy has so many benefits.

Benefits of Having a Health Care Proxy in Your Estate Pan:

A health care proxy in your estate plan plays a big role. Some of the benefits include;

1. Makes your wishes be upheld.

Having a health care proxy in your estate plan makes people aware of what your wishes are and they should uphold them. The health care proxy provides a chance for an individual to make certain decisions such as;

  • Which doctor to treat you.
  • The type of treatments to be given to you.
  • A point where you will not consider being treated.

 Once these demands are clearly outlined, it makes it easy for family fellows to decide on what is to be done next.

2. Prevents your family from having disagreements.

In an event where you are not in a capacity to decide for yourself and you do not have a health care proxy agent, your family members are more likely to have disagreements since they will be the ones to make decisions for you. Their decisions may be based on their perspective and not a clear and outlined guideline. This might end up in them wasting more money on medical treatments of no hope and legal procedures. Therefore, having a health care proxy in your estate plan will save a great deal.

3. Clears up your significant beliefs and standards.

A health care proxy clears up your beliefs and values and determines what type of treatment and procedures a person desires during an emergency.  This makes the health care proxy make some important decisions for you that you might have not decided earlier before incapacitation. This is very sufficient as it means the agent knows what satisfies your desires.

How to Choose the Best Health Care Proxy:

Choosing a health care proxy is a very important task. This is because they are going to be your voice in times where you cannot speak for yourself. Most importantly, it should be someone you trust. The health care proxy should meet the following qualifications;

They should make decisions for you, regardless of their wishes.

Their emotional association with you should not affect their ways of making decisions in a manner that will not uphold your wishes.

They should be courageous to enquire and seek consultation from doctors.

They should be the ones who are willing and ready to stand up for you.

They should be flexible enough to make decisions in various situations.

Do Health Care Proxy Contract Expire?

You may be very curious about how long a health care proxy should last or lasts. Well, a health care proxy has an indefinite period of expiry unless you agreed on a specific date of its expiry. However, there are circumstances under which the surrogate court may order an end to a health care proxy. These are;

  1. when you regain the capacity to think and make decisions for yourself.
  2. when the health care proxy is proven to not upholding any of your wishes.
  3. When you die, the health care proxy can be terminated also.

FAQS: Health Care Proxy.

1. What is a health care proxy?

A health care proxy is a type of estate planning that allows you to appoint a trusted person to make decisions concerning your health in a period where you may not be in the capacity to think for yourself.

2. How much does it cost to employ a Medicaid planning attorney?

There is a $250 fee for a consultation. However, it is waived if the firm proceeds with the matter.

3. What is the difference between a health care proxy and a living trust?

A health care proxy offers for the administration of your health care decisions when you become incapacitated while a living trust, provides for the administration of your estate when you become incapacitated.

4. When should I start my health care proxy?

It can be started when the doctor pronounces you incompetent or unable to manage your own health care decisions.

5. Can you take an additional health care proxy?

Generally, one person is selected as your health care proxy. However, it is possible for you to take in more persons to act in the event your main proxy is unavailable.

6. Can a family member act as your health care proxy?

Yes. If your family member satisfies all the qualifications to be appointed as health your care proxy, then they proceed.

7. How do you start a health care proxy?

Write your details and the details of the person you are selecting as your agent in your health care proxy form. Consider seeking help from a Medicaid attorney near you in New York.

8. Is it a requirement for your spouse to be your health care proxy?

Yes, your spouse can be your health care proxy. However, it is invoked immediately after a divorce as stipulated by surrogate court rules NY.

9. What are the rights of a health care proxy?

A health care proxy has the right to enquire and be answered on matters concerning your health by your doctors. They also have a right to be given priority to visit you in the hospital.

10. Does the health care proxy liable for the medical bills?

The proxy is not financially liable for your decisions. They only make sure that your wishes concerning matters with your health are fulfilled.

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