Do I Need a Healthcare Proxy in My Estate Plan?

A comprehensive estate plan shouldn’t only cover your property and assets; it should also make sure that your wishes regarding your own personal care will be honored, even if you are not able to advocate for yourself. If you’re looking into estate planning and are near the Columbia, MD area, read on to find out more about what a healthcare proxy does.

Do I Need a Healthcare Proxy in My Estate Plan?

Planning for potential incapacity during life is just as important as getting all your ducks in a row when it comes to wills, trusts, and asset distribution after death. In Maryland, the document that is most often used to do this is a Healthcare Proxy, formally referred to as an Advance Directive for Health Care or Health Care Power of Attorney.
This document allows you to appoint a trusted individual, known as your healthcare agent, to make medical decisions on your behalf if you are incapacitated. This can include decisions about which doctors treat you, surgical procedures, life-sustaining measures, and other aspects of your medical care. 

In Maryland law, any competent adult may designate a healthcare agent through a written advance directive. The agent must act in accordance with your stated preferences and in your best interests. You can also include specific instructions, values, or religious beliefs to guide your agent’s decisions.

Why Is a Healthcare Proxy Important in Estate Planning?

Without a valid healthcare proxy in place, it can be difficult for your loved ones to make decisions on your behalf if you become incapacitated. If there is no designated health care agent, Maryland law specifies the type and order of the surrogate decision maker or makers as follows:

1. Guardian of the person 
2. Spouse or domestic partner 
3. Adult child 
4. Parent 
5. Adult brother or sister 
6. Friend or other relative

Though this system was devised with the best of intentions, it can still lead to confusion, family disagreements, or delays in care. For example, if multiple adult children disagree about a parent’s treatment, it could result in legal disputes, bad feelings within the family, and even the need for court intervention. Having a healthcare proxy avoids these problems by providing clarity and authority to one person you trust.

Consult a Lawyer in Columbia, MD

Your healthcare proxy document must meet certain legal requirements to be considered valid in Maryland. An experienced lawyer can make sure that this, along with all other documents relating to your estate plan, are clear, enforceable, and up to date. We can also remind you to review them periodically, especially after major life events such as marriage, divorce, or a serious diagnosis. You can then rest easy knowing that you are prepared for any eventuality.

Including a healthcare proxy in your Maryland estate plan is not just wise, it’s essential. It protects your medical autonomy, prevents conflict within the family, and ensures that someone you trust is empowered to make informed decisions on your behalf. For more information or to make an appointment with us, contact Elville & Associates at one of our locations in Columbia, Rockville, or Annapolis, MD.

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