C. Health Care Proxies

Question 1

What is required for Adult to appoint Healthcare Agents to make health care decisions?*

Answer 1

1) Healthcare proxy
2) Signed + Dated

3) Either;
- By competent Adult (Principal)
- By another adult (for Principal if unable to do so) (at Principal’s discretion + in Principal’s presence)

4) In presence of 2 adult witnesses
- They also sign proxies
- They can NOT be appointed agents

Question 2

How must Healthcare Agents make general decisions?*

Answer 2

If Principal’s wishes are known => In accordance w/ Principal’s wishes (by will/express beliefs) + religious/moral beliefs

If Principal’s wishes are NOT reasonably determinable => In accordance w/ Principal’s best interests

• Principal’s artificial hydration + nutrition must be reasonably known
• Principal’s life sustaining measures must be known

Question 3

What is required for revocation of a healthcare proxy?*

Answer 3

1) Notification (oral/written)
2) To Agent/Healthcare provider

3) Evidence of;
- Specific intent to revoke
- Subsequent healthcare proxy executed
- Divorce/Legal separation from Agent (UNLESS Adult specifies otherwise)

Question 4

When does Agent’s authority commence?*

Answer 4

Once Principal’s mental incapacity is determined