No one can see into the future. You could be perfectly healthy right now, but serious health problems could occur later in life. You don’t want to live without adequate care and support. But if you don’t have a health care proxy in place, you could spend weeks or months without the care you need.
Don’t let the court make decisions about your future. Take control over your health care—talk to an attorney in Fall River, MA about establishing a health care proxy today. The Law Office of Nicholas A. Gomes, P.C. represents clients in Boston, New Bedford and Fall River, Massachusetts.
A medical proxy is a legal document that allows someone else to make medical decisions for you in the event that you’re incapacitated. Without a medical proxy, you have no control over who cares for you when you’re ill.
A Health Care Proxy is a legal instrument authorized by Mass. Gen. Laws ch. 201D, § 2, appointing a legal agent to make medical decisions on your behalf in the event you are incapacitated or unable to. A Health Care Proxy is a proactive device that becomes effective when medical treatment is imminent and you are unable to communicate whether or not you want the treatment to be done. A Health Care Proxy is flexible allowing for piecemeal choosing of medical treatment and medicines that you would be interested in avoiding. Having a Health Care Proxy in place avoids the necessity of having a loved one petition the probate court for a guardianship which is much more expensive to obtain and manage. Further, a Health Care Proxy can be drafted to avoid problems associated with a third party agent obtaining confidential healthcare information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). A Health Care Proxy is often accompanied with an informal document known as a “Living Will, Advance Directive or Personal Wishes Statement.” This document sets forth the types of medical treatment and medicines you do or do not wish to occur in the event you become terminally ill or unconscious. Massachusetts law does not recognize such documents, therefore, they are not legally binding upon your agent and doctors. Regardless, they are helpful as guidance to your agent in understanding of your wishes regarding life-prolonging measures. Common examples include artificial nutrition and hydration, pain medication and orders to not resuscitate.
Call The Law Office of Nicholas A. Gomes in Fall River, MA today. Attorney Gomes will work with you create a medical proxy. You can name someone you trust to ensure that you’re not mistreated.