Any competent adult can appoint their own health care proxy or agent. It is not necessary to hire a lawyer to draw up or validate a completed proxy form; most states, however, require two adult witnesses to sign a proxy form. Many hospitals will provide free blank health proxy forms on request.

When should you designate a health care proxy ?
- for someone to act temporarily on your behalf in your absence.
- for someone to act on your behalf in case you become incapacitated.
- for someone to act on your behalf in very specific medical situations, such as before surgery.

A health care proxy form is part of a set of legal documents that allows you as person to appoint someone else to make medical decisions for you if or when you cannot act on your own behalf, and to make sure that health care professionals follow your wishes regarding specific medical treatments most likely at the end of life. These documents are referred to as advance directives. The document naming the person appointed to make your decisions is called a health care proxy. A separate document that lists acceptable and unacceptable measures of artificial life support is called a living will . Most states have passed laws that authorize people to draw up their own living wills, but it is important to learn and use the specific information as it relates to the laws in your own state.

A health care proxy is an advance medical directive and a legal document which specifically states your designation of your surrogate decision-maker in the event that you as the patient is unable to make medical decisions on your own behalf. The designated health care proxy has the same rights to request or refuse treatment on your behalf as you would have if you were capable of making and communicating your own decisions.

Let's get started:

Health care proxies are permitted in forty-nine states as well as the District of Columbia.

Some forms available through the Internet are:

- Create customized proxy formshttp://www.doyourproxy.org/about.htm
- Forms specific to New York statehttp://www.health.state.ny.us/professionals/patients/health_care_proxy/about.htm
- Forms specific to Massachusettshttp://www.massmed.org/AM/Template.cfm?Section=Search&CONTENTID=2570&TEMPLATE=/CM/ContentDisplay.cfm
- Forms specific to Floridahttp://www.myfloridalegal.com/DesigSurrogFAQ.pdf
- Forms specific to Pennsylvaniahttp://www.myfamilywellness.org/MainMenuCategories/FamilyHealthCenter/EndofLifeDecisions/Livingwill.aspx

When choosing the person who will be making your medical decisions should you be unable to do so, you might consider what life-sustaining treatments you are willing to undergo in the event of a medical emergency or terminal illness. Fonsider whether a potential proxy will be able to ask the necessary questions of medical personnel in order to obtain information needed to make a decision. Prior to selecting someone, you may want to discuss with the proxy their own value system, and whether they could make a decision for you on your behalf that they might not or even would not make for themselves.

Completing a health care proxy form and perhaps even a living will is useful because it helps one to think through one's value system and one's definition of quality of life. Some areas to consider are:

- What makes my life meaningful?

- What religious or personal beliefs do I hold that affect my health care decisions?

- Do I want my proxy to make health care decisions on his or her own, or are there other people I would want him or her to consult? If so, who are these people? Is there anyone who should not be consulted?

- Who besides myself will be affected by these decisions? Are they aware of my value system? Would they try to interfere with the proxy's decisions?

- What do I want to do about organ donation?

- Have I informed my physician of my wishes?

A Health Care Proxy or Agent, sometimes referred to as an Attorney-in-Fact, does not have to be an attorney. The Agent can be any adult of legal age in the state that you are in, who you trust and who is competent to handle your affairs. Whoever you choose as your Agent, it is important that you first discuss the issue with your potential agent and express your values and wishes with regard to how your affairs should be handled. This also gives the Agent an opportunity to consider and communicate to you whether he or she is willing and able to handle health proxy responsibilities.

Any trusted adult can be named as a health care proxy. Most married people often name their spouse, although it is not usually necessary to do so. In addition, select an alternate proxy, in the event that the person first named is unable to fulfill the responsibility. It is best to choose an alternate who lives close enough to carry out the responsibilities of a proxy without having to travel across state lines.

It is a good idea to carry the name and contact information of the proxy in one's wallet in the event of an emergency or sudden incapacitation.

Appointing a health care proxy is not an irrevocable decision. You can change or revoke your proxy at any time, usually by filling out a new form. In some states, one can specify that the health care proxy will expire on a certain date or if certain events occur. If you have name your spouse as an agent, the proxy is no longer in effect in the event of separation or divorce. People who want a former spouse to continue as their agent must complete a new proxy form.

In Alaska, the Agent may not be a public home care provider who is furnishing services to the Principal.

Complete the forms, have 2 witnesses watch you sign them, and if possible have the form signatures notarized. Keep a copy for yourself. Make copies for your proxy, your alternate proxy and most importantly for your health care providers.

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.