Health Care Proxy Lawyers

| Updated on March 21, 2024

Many people understand the healthcare proxy as a designated individual who carries out the wishes of an incapacitated patient. Sometimes, though, it is unclear what a person’s wishes are. This is where healthcare proxy lawyers can help. They are not only experts in this field, but they make connections with hospitals and law enforcement officials who may be able to supply evidence of someone’s wishes or intentions.

Healthcare proxies are part of end-of-life care planning. These documents specifically address a person’s wishes regarding medical treatment in the event they are unable to speak for themselves. The document can be as simple as a list of medications that the patient wants to be withheld or administered, and this is what most people think of when they hear healthcare proxy. In actuality, it can be as complicated as an entire living will that addresses many important decisions, such as what kind of funeral and burial arrangements to make and how to allocate money.

What is a Healthcare Proxy?

Healthcare proxies are documents that a person can sign and give to a loved one, such as a spouse or adult child. Once the document has been signed and witnessed by two people, it is valid. The fact that the document may need to be presented in court does not mean that it needs to be notarized, as long as it is witnessed by two people who are not related to the person who signed it.

When the document is filed with the probate court and gets approved, it allows an individual to make healthcare decisions for a patient who is unable to make his or her own choices. Some states allow healthcare proxies to be created in any form, including handwritten documents, while others require a form that must be pre approved. The form is usually designed so that it can be easily understood by both laypersons and medical professionals alike.

What Distinguishes a Healthcare Proxy from a Living Will?

A living will is different from a healthcare proxy in that it is written in legal parlance. Living wills are usually signed by the patient and witnessed by two people who are not related to the patient, who are then filed with the probate court. The living will outline what life-sustaining measures the person wants to be withheld, either because he or she does not want to be kept alive artificially or because he or she doesn’t want others to know his or her wishes regarding medical treatment.

Many people assume that healthcare proxy lawyers are involved in lawsuits in which a patient is being sued for damages from his or her family. The reality is that most healthcare proxy lawyers do not sue anyone, but they do help court-appointed agents and hospitals make decisions based on the wishes of patients who may be unable to speak for themselves. Generally, the process of creating a healthcare proxy begins with two doctors or anyone else who has had access to clinical notes and physician orders.

How Does a Healthcare Proxy Operate?

A healthcare proxy is created to help someone with medical decisions should the need arise. The person who creates the document designates a person to speak on his or her behalf should he or she not be able to do so. If there is no one designated in the document, then the healthcare provider may choose someone else to speak on behalf of the patient, whether it is a family member, friend, clergyman, or another individual. The healthcare proxy should also indicate what treatments and/or procedures the person wants to receive or does not want to receive.

Once a healthcare proxy is prepared and filed with the court and approved, hospitals, care providers, family members, and other concerned parties will have no choice but to adhere to the patient’s wishes. In some cases, it takes only a few phone calls for the person who created the document to get what he or she wants. This is because healthcare providers are required by law to adhere to any wishes that are in writing.

The Purpose of Health Directives:

A healthcare proxy is a document that details plans for care in the event a patient becomes incapacitated. These documents are designed to protect the rights of patients and provide clear answers so that their wishes are carried out in accordance with their wishes. Patients can specify whether or not they want a certain type of treatment, either for life-saving purposes or as an aid to comfort. Some people prefer to leave things undefined, which can be an excellent way of protecting themselves from unwelcome treatments and invasive procedures.

Getting and Keeping Health Care Proxies and Living Wills

Healthcare proxies and living wills are not given to people by the government, but they can be created by hospitals, physicians, and other medical professionals. These documents become part of a person’s end-of-life plan. A living will outlines health care decisions when death is imminent. These plans should be prepared with a healthcare professional or attorney who understands these documents and how to properly use them in a family’s best interest.

The goal of a healthcare proxy is to protect patients and their loved ones, as well as employees of hospitals and medical facilities. The document allows people to decide what type of healthcare they want when they are unable to make that decision for themselves. A person who is the primary decision-maker often asks that family members speak for him or her if he or she becomes unable to do so. The most important thing to remember is that healthcare proxies don’t end with death.

If You Don’t Have a Healthcare Proxy, What Should You Do?

If you don’t have a completed healthcare proxy and you are not sure if it is appropriate for you, it can be helpful to speak with a local probate attorney or with a healthcare proxy lawyer. You should also learn about your state’s laws regarding healthcare proxies. Don’t take any decisions regarding your health lightly, and always check with your medical professionals and loved ones about medical treatments that only one of them may understand.

If you have a healthcare proxy, and it isn’t being carried out as you expected, speak with your healthcare professional or a healthcare proxy lawyer. It can be difficult to get your wishes met in certain situations, but taking the right steps can lead to good results. If you feel your wishes are not being followed by doctors and medical facilities, talk to a healthcare proxy lawyer. A probate attorney can help with this process. A probate lawyer can help you prepare a living will and get it filed with the court. This is a legal document that outlines what you want for your medical care when you become unable to speak for yourself.


The healthcare proxy is a document that allows patients to appoint another individual who will act on their behalf if he or she is unable to make medical decisions. The people who are named in the document are known as “agents.” They can only act on their behalf and not for the benefit of others. This can include medical providers, family members, or a friend. The document must be filed at the county registry.

Priyam Ghosh

Tech and Internet Writer

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