Making a decision about health care can be difficult, especially if you are not feeling well yourself. Do you know what your options are?
In this personal finance guide, we will compare health care proxy and power of attorney. We will look at the advantages and disadvantages of each option so that you can make an informed decision about which is right for you.
Health Care Proxy Vs Power of Attorney Table of Contents
What is The Difference Between a Health Care Proxy and a Power of Attorney?
What Are The Different Types of Health Care Proxy?
What Are The Different Types of Power of Attorney?
What Are The Advantages of a Health Care Proxy?
What Are The Advantages of a Power of Attorney?
What Are The Disadvantages of Health Care Proxy?
What Are The Disadvantages of Power of Attorney?
What Are Some Alternatives to Using a Health Care Proxy or a Power of Attorney?
What is a Health Care Proxy?
A Health Care Proxy is a legal document that gives someone else the authority to make medical decisions on your behalf. This can be used if you are unable to communicate or make decisions for yourself, and can cover both short-term and long-term situations.
What is a Power of Attorney?
A Power of Attorney is a legal document that allows you to name someone to make financial and/or legal decisions on your behalf.
What is The Difference Between a Health Care Proxy and a Power of Attorney?
The main difference between a health care proxy and a power of attorney is that a health care proxy gives someone the authority to make decisions about your medical treatment if you are unable to do so yourself, whereas a power of attorney generally gives someone the authority to handle your financial affairs.
A health care proxy is usually used in conjunction with a living will, which is a document that spells out what kind of medical treatment you do or do not want to receive in specific circumstances.
A power of attorney, on the other hand, is a more general document that can give someone the authority to handle any number of your affairs, including financial matters, if you are unable to do so yourself.
What Are The Different Types of Health Care Proxy?
There are two different types of health care proxy:
- Living Will
- Durable Power of Attorney for Health Care (DPOA-HC)
Living Will
The living will is a document that outlines your wishes for medical treatment in the event that you become incapacitated and are unable to communicate your decisions. It can cover things like whether or not you want to be kept on life support, what types of pain management you would prefer, and organ donation.
Durable Power of Attorney for Health Care (DPOA-HC)
The DPOA-HC is a legal document that appoints someone to make decisions on your behalf about your medical care if you are unable to do so yourself. This person is known as your "health care agent" or "proxy." They will have the authority to make decisions about all aspects of your medical care, including consenting to or refusing treatment, ordering tests and procedures, and authorizing the release of information.
The DPOA-HC is a more flexible document than the living will because it can be tailored to your specific wishes and can be updated as your needs change. It is also important to note that the DPOA-HC does not take effect until you are incapacitated, whereas the living will takes effect as soon as it is signed.
What Are The Different Types of Power of Attorney?
There are two different types of power of attorney:
- General Power of Attorney
- Special Power of Attorney
General Power of Attorney
A general power of attorney gives the person you appoint (known as your "agent" or "attorney-in-fact") broad powers to handle your affairs.
Special Power of Attorney
A special power of attorney, on the other hand, only gives your agent specific powers, such as the ability to sell your car or sign documents on your behalf.
What Are The Advantages of a Health Care Proxy?
There are several advantages to having a health care proxy.
First, if you become incapacitated, your health care proxy can make decisions about your medical treatment on your behalf. This can include decisions about life-sustaining treatments, such as whether or not to administer CPR or whether or not to place you on a ventilator.
Second, a health care proxy can make decisions about your end-of-life care, such as whether or not to withhold or withdraw life-sustaining treatments.
Third, a health care proxy can make decisions about organ and tissue donation on your behalf. Finally, a health care proxy can make other types of medical decisions on your behalf, such as whether or not to consent to non-emergency medical procedures.
What Are The Advantages of a Power of Attorney?
There are a few advantages of having a Power of Attorney.
First, if you become incapacitated, the person you designate as your Power of Attorney can step in and make financial and legal decisions on your behalf. This can be a huge relief for both you and your loved ones, as it takes the burden off of them during what is likely to be a very difficult time.
Another advantage of a Power of Attorney is that you can specify exactly what type of authority you want your designated agent to have. For example, you may only want them to have the ability to handle your finances, or you may give them broader powers to make decisions about your health care and end-of-life care.
Finally, a Power of Attorney is revocable, which means that you can cancel it at any time. This flexibility can be helpful if your circumstances change or if you simply change your mind about who you want to make decisions on your behalf.
What Are The Disadvantages of Health Care Proxy?
There are a few key disadvantages of having a health care proxy that you should be aware of.
Firstly, if you have not appointed someone as your health care proxy, then your next of kin will have to make any medical decisions on your behalf – and they may not necessarily agree with what you would have wanted.
Secondly, if you do have a health care proxy but your chosen agent is not available when a decision needs to be made, then the hospital or medical staff will have to follow the state's default rules for who can make decisions on your behalf.
Finally, if you appoint someone as your health care proxy but later change your mind, you will need to complete a new form appointing a new agent.
What Are The Disadvantages of Power of Attorney?
There are some potential disadvantages to having a power of attorney.
First, if you become incapacitated, the person you appoint as your agent will have complete control over your finances. This could be a problem if you don't trust your agent or if you think they might abuse their power.
Another downside to power of attorney is that it can be revoked at any time by the person who granted it. So if your relationship with your agent changes, they could suddenly lose their authority to make financial decisions on your behalf.
Finally, power of attorney does not cover health care decisions. If you become incapacitated and need someone to make medical decisions for you, you'll need to appoint a health care proxy.
So, Which One Should You Use?
The answer to this question really depends on your specific situation. If you are simply looking for someone to make financial decisions on your behalf, then a Power of Attorney may be the best option. However, if you are wanting someone to make medical decisions on your behalf, then a Health Care Proxy would be the better choice.
Of course, you could always choose to have both a Power of Attorney and a Health Care Proxy, giving you the best of both worlds. Ultimately, the decision is up to you and should be based on your specific needs and circumstances.
What Are Some Alternatives to Using a Health Care Proxy or a Power of Attorney?
If you're not comfortable with the idea of giving someone else the power to make decisions on your behalf, there are other options available. You can set up what's known as an advance directive, which is a legal document that outlines your wishes for end-of-life care. This can include things like whether or not you want to be resuscitated, or what kind of pain management you would prefer.
You can also appoint a trusted friend or family member to be your advocate, which means they'll be the one responsible for communicating your wishes to your doctors. This can be a good option if you're not comfortable with the idea of giving someone else the power to make decisions on your behalf.
No matter what route you decide to go, it's important to have a plan in place so that your loved ones know what your wishes are. If something happens and you're unable to communicate your desires, they'll be able to make decisions based on what they know you would want.
What Are Some Tips For Using a Health Care Proxy?
If you're using a health care proxy, there are a few things to keep in mind. First of all, make sure that you choose someone who you trust implicitly and who will be able to make decisions in your best interest. It's also important to have a conversation with this person about your wishes and what you would want them to do in different situations.
It's also a good idea to have a backup health care proxy in case your first choice is unable or unwilling to make decisions on your behalf. And finally, make sure that you keep your health care proxy up to date - if your circumstances change or you simply want to choose someone else, you should update your documents accordingly.
What Are Some Tips For Using a Power of Attorney?
There are a few things to keep in mind when using a power of attorney. First, be sure to communicate with the person you have appointed as your agent. They should know your wishes and what you expect of them.
Second, make sure that the agent you have chosen is someone you trust implicitly. This person will have a great deal of power over your finances and medical decisions, so it's important to choose wisely.
Finally, keep in mind that a power of attorney can be revoked at any time. If you have any concerns about the way your agent is handling your affairs, you can always revoke the power of attorney and appoint someone else.