Recent Posts Other Sites | MarketplaceMassachusetts Health Care Proxy Ten things you should know about health care proxies and living wills in Massachusetts It is unfortunately true that we often what we pay for. If you download your health care proxy from the Internet, get a book or a lawyer who does not explain what you need to know about advance directives, you may find yourself with an ineffective or impractical proxy. The following is a list of ten things you should consider having your advance directives as effective as possible: 1. The execution of a living will is not enough. While living wills are documents useful, they are not legally recognized in Massachusetts, and doctors and hospitals are not required to respect the wishes expressed in your living will. You need to run a health care proxy that names an agent who will respect your wishes. 2. In addition to identifying the principal (you) and your agent, your proxy must indicate that you intend to give your agent the authority to make health care decisions on your behalf, and describe any limitations you want to put on your agent, and indicate that your police officer's authority becomes effective only after you lose the ability to make medical decisions. (Also, it is wise to include addresses and phone numbers of your agent and his deputy, so they can find quickly). 3. Your proxy must be signed by you or your direction, in the presence of two adult witnesses. The witnesses must sign and confirm that you seem to be at least eighteen, of sound mind and under no duress or undue influence. (It's a good idea to follow these rules if you run a separate living will.) 4. Cookies can not be designated as an agent or alternate agent. And an operator, director or employee of a health facility where you are, or may be a resident or patient may not be your agent unless it is also linked to you by blood, marriage or adoption . 5. Do not hide your proxy and living will in a safe. Run five or six original copies, one for your primary care physician (with oral and written instructions to put the documents in your medical record), one for your medical records to the hospital you are likely to lead to cases emergency, one for your agent and your alternate, for your records, and a backup copy of your lawyer. 6. If you spend much time in another state (winters in Florida, for example), you should consult a lawyer in the second state to ensure that your proxy will also be recognized. 7. If your agent is your spouse, and you are divorced or legally separated, all of your health care proxy is revoked. In other words, your alternate agent can not intervene and take the place of your spouse. In this case, or if you revoke your proxy by oral or writing an agent, you must remove your old documents, destroy, and distribute your new proxy. 8. Select your agent and his deputy carefully. Make sure they understand your wishes and are prepared to do everything possible to ensure they are respected. Communication is vital. 9. Express your wishes as clearly as possible in your proxy and living will. Clarity and brevity will help your agent, your family and physician understand your wishes. 10. Communicate, communicate, and communicate. a. Talk to your family about the wishes you expressed in your Living Will and Proxy and tell them that you have selected as your agent and his deputy. Surprise, resentment, or the controversy around your hospital bed may create an unpleasant situation and could lead to your wishes are not honored. b. Talk to your doctor about your proxy and living will. Make sure it and the ease with which it enjoys privileges of personnel are willing to honor your wishes. Posted on February 17, 2010.
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