16 Jul Questions for determining healthcare proxies

Ways to designate a healthcare proxy

As we have discussed previously, it is of utmost importance to designate a healthcare proxy, or person to speak on your behalf if you are otherwise unable. In Tennessee, you can designate a healthcare proxy through a living will, medical power of attorney or advanced directive. There are many questions surrounding healthcare proxies. Here are four of the most frequently asked:

What if I already have an old ‘Living Will?’

In Tennessee, adults are encouraged to complete an Advance Directive for healthcare, which has more detailed instructions and may best express your desires so one may want to create a new advance directive document. If the new Advance Directive for healthcare form is not created, the old Living Will form will be honored. The Advance Directive for healthcare is a more flexible document and allows you to name someone to make decisions for you and provides directives for care if your quality of life becomes unacceptable.

Can I still make my own healthcare decisions once I have created an Advance Directive for healthcare?

Yes. The Advance Directive only goes into effect if you are unable to make your own decisions. At that point, your healthcare proxy will be given authority.

How should I choose my healthcare proxy?

You should choose someone who knows your values and wishes, and whom you trust to make decisions for you. Do the same for a successor proxy.  It can be a family member or a close friend. Just make sure they understand and agree to the responsibilities of being your proxy. Regardless of your choice, your proxy should be someone who will be available if needed and who will decide matters the way you would decide. Name only one person each as your agent and your successor agent. Do not choose your doctor or another person who is likely to be your future healthcare provider, as your agent or successor agent.

What instructions should I give my proxy concerning my healthcare?

You may give very general instructions or be quite specific. Talk with your proxies about your choices and personal values and beliefs to make sure they know what is important to you. Some people choose to write their proxy a letter stating their personal values and wishes, their feelings about life and death, and any specific instructions, and to attach a copy of this letter to their Advance Directive for healthcare form.

It would be helpful to your proxy to have directions from you about life-prolonging intervention, particularly medically administered food and water (i.e., tube feedings), cardiopulmonary resuscitation (CPR), the use of machines to help you breathe, and organ and tissue donation. You may get copies from a local healthcare facility or you can download the forms at  http://tn.gov/health/article/advance-directives   and go to “Advance Directive Forms.”

If you’re trying to understand the laws regarding healthcare proxies, living wills and estate planning in Tennessee and need legal counsel, contact the Law Office of Michael Craig for any questions or to discuss first steps.